Upham v. City of Worcester
Massachusetts Supreme Judicial Court
Petition for a revision by a jury of an assessment of betterments upon the petitioner’s estate, situated on High Street and on Chatham Street, in the city of Worcester, made under the provisions of St. 1870, c. 163. At the trial in the Superior Court, before Lord, J., it appeared that the assessment was made for alleged benefit conferred upon the petitioner’s estate by certain improvements in the two streets; that in making these improvements a portion of the petitioner’s…
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Petition for a revision by a jury of an assessment of betterments upon the petitioner’s estate, situated on High Street and on Chatham Street, in the city of Worcester, made under the provisions of St. 1870, c. 163. At the trial in the Superior Court, before Lord, J., it appeared that the assessment was made for alleged benefit conferred upon the petitioner’s estate by certain improvements in the two streets; that in making these improvements a portion of the petitioner’s land was taken, and the grade of the streets was lowered ; that the alterations in the streets were made by the county…
1Opinion of the CourtGray, C. J.
The benefits which may accrue to any estate from the laying out of a highway are of three kinds : 1st. Those directly occasioned to an estate bounding upon the highway, and *99peculiar to the estate itself, as distinguished from other estates not bounding thereon, 2d. Those shared by the estate in common with other estates in the neighborhood. 3d. Those which extend to all estates in the same town or city.
Benefits of the first kind only can be allowed by way of set-off against the damages awarded to the owner under the highway act for taking part of the estate and injuring it. Gen. Sts. c. 43, §…
2Cases cited2 opinions
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
- Whitney v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Hilbourne v. County of SuffolkMassachusetts Supreme Judicial Court · 1876
- Sears v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Chase v. City of PortlandSupreme Judicial Court of Maine · 1894
- Fifty Associates v. City of BostonMassachusetts Supreme Judicial Court · 1909
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