Chase v. City of Worcester
Massachusetts Supreme Judicial Court
Petition to the county commissioners, in March 1870, for the assessment by a jury of the damages of an abutter on Corbett Street, a public way in the city of Worcester, by reason of the widening and alteration of the street under an order passed by them June 23, 1869, upon the petition of John J. Power and others.
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Petition to the county commissioners, in March 1870, for the assessment by a jury of the damages of an abutter on Corbett Street, a public way in the city of Worcester, by reason of the widening and alteration of the street under an order passed by them June 23, 1869, upon the petition of John J. Power and others. The sheriff’s certificate of the proceedings at the trial set forth that “ in said trial, notwithstanding the objections of the counsel for the respondents, I directed the jury that the statute known a¿ the betterment act (which had been accepted by the city council of Worcester)…
1Opinion of the CourtWells, J.
The trial of this case appears to have been conducted upon the supposition that the county commissioners, in widening Corbett Street and ordering the change of grade, were acting under the authority of the several statutes known as betterment acts. But, in our opinion, those statutes have no application to proceedings before county commissioners, whether those proceedings relate to highways or to streets in cities that are not county roads.
*65The act of 1866, c. 174, gave to the board of aldermen of the city of Boston power to lay out, alter and change the grade of streets, and assess a portion…
2Cited by17 opinions
- Andrews v. CoxSupreme Court of Connecticut · 1941
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
- Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
- Boston Chamber of Commerce v. City of BostonMassachusetts Supreme Judicial Court · 1907
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