Whitney v. City of Lynn
Massachusetts Supreme Judicial Court
Petition, filed in April, 1875, to the Superior Court, for a jury to assess the indemnity for trouble and expense occasioned to the petitioner by the laying out of a street in Lynn over his land, which land was not entered upon or possession thereof taken by the respondent.
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Petition, filed in April, 1875, to the Superior Court, for a jury to assess the indemnity for trouble and expense occasioned to the petitioner by the laying out of a street in Lynn over his land, which land was not entered upon or possession thereof taken by the respondent. Trial before Gardner, J., who reported the case for the consideration of this court in substance as follows: The order for the laying out was passed by the city council on September 27,1871, and on October 31,1871, a notice was served on the petitioner by order of the mayor and board of aldermen, that the street had been…
1Opinion of the CourtEndicott, J.
No actual possession was taken by the city of any portion of the land over which the way was laid out, for the purpose of constructing it, within two years from the time when the right to take possession accrued. It is conceded by the respondent that the notice to the petitioner to remove his buildings was not an entry for the purpose of constructing the way within the meaning of the St. of 1869, o. 303.
The laying out was therefore void, as against the owner of the land, and the petitioner, on application to the city authorities of Lynn, was entitled to indemnity for damages sustained by…
2Cited by7 opinions
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- Munroe v. City of WoburnMassachusetts Supreme Judicial Court · 1915
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