Poor v. Blake
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiffs’ close in Newburyport and removing a fence therefrom. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts in substance as follows: The defendant, as an officer of the city of Newburyport, removed the fence from the plaintiffs’ premises, contending that it was within the limits of State Street.
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Tort for breaking and entering the plaintiffs’ close in Newburyport and removing a fence therefrom. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts in substance as follows: The defendant, as an officer of the city of Newburyport, removed the fence from the plaintiffs’ premises, contending that it was within the limits of State Street. Both branches of the city council of Newburyport on April 6, 1874, passed an order, which was approved by the mayor on April 15, 1874, to widen State Street, in accordance with a…
1Opinion of the CourtColt, J.
The exclusive power to lay out, alter or discontinue streets or town ways, and to estimate damages sustained by any individual thereby, is given to the mayor and aldermen, with the concurrent vote of the common council of the city of Newburyport. St. 1851, c. 296, § 14. No provision is made as to the manner in which this authority shall be exercised, and it must therefore be exercised in conformity with and be governed by the regulations prescribed in the General Statutes, in relation to the laying out of ways, so far as those regulations are applicable to ways laid out by the city. Barnes v.…
2Cited by6 opinions
- Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Taber v. City of New BedfordMassachusetts Supreme Judicial Court · 1883
- Lawrence v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1884
- Wheeler v. City of FitchburgMassachusetts Supreme Judicial Court · 1890
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