Hobart v. County of Plymouth
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 43, §§ 19, 20, to the county commissioners of Plymouth, setting forth that “ whereas, at a regular meeting of the county commissioners on January 2, 1866, they laid out and established a new piece of highway, about six hundred feet in length, betwixt certain termini on South Avenue in South Abington, in front of the dwelling-house of the said petitioner, for which they awarded damages for land taken, removing buildings, stone walls, fruit and…
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Petition under the Gen. Sts. c. 43, §§ 19, 20, to the county commissioners of Plymouth, setting forth that “ whereas, at a regular meeting of the county commissioners on January 2, 1866, they laid out and established a new piece of highway, about six hundred feet in length, betwixt certain termini on South Avenue in South Abington, in front of the dwelling-house of the said petitioner, for which they awarded damages for land taken, removing buildings, stone walls, fruit and ornamental trees, which were not adequate for such taking and the inconvenience it occasioned said petitioner, therefore…
1Opinion of the CourtWells, J.
The right of the petitioner to have the jury consider his application for a change in the location of the way is not questioned.
His request for a change in the location was not defeated on the ground of a defect in his application ; nor was he required to amend his application by the person presiding at the trial before the jury. Upon a suggestion to that effect, the petitioner voluntarily specified in writing the alterations asked for. The jury were instructed that they could make no alteration other than that prayed for by the petitioner. This we think was proper, and in accordance with the…
2Cases cited2 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Tharp v. Tharp's admr.Court of Appeals of Kentucky · 1860
3Cited by22 opinions
- Eldridge v. BartonMassachusetts Supreme Judicial Court · 1919
- Bigelow v. BallerinoCalifornia Supreme Court · 1896
- Pinkham v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1872
- Piper v. VoorheesSupreme Judicial Court of Maine · 1931
- Jones v. CollinsMassachusetts Supreme Judicial Court · 1905
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