Fitchburg Railroad v. City of Fitchburg
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close. Writ dated December 31,1874. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows: The trespasses complained of were admitted by the defendant to have been done by its agent; and the title of the plaintiff to the land in question was also admitted.
Read the full summary
Tort for breaking and entering the plaintiff’s close. Writ dated December 31,1874. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows: The trespasses complained of were admitted by the defendant to have been done by its agent; and the title of the plaintiff to the land in question was also admitted. On August 26, 1868, the following petition, signed by David Boutelle and nine others, was presented to the selectmen of Fitchburg: “ To the honorable board of selectmen of Fitchburg. We, the subscribers, legal voters of…
1Opinion of the CourtEndicott, J.
It is provided in the Gen. Sts. e. 43, § 61, that a town way shall not be laid out, “ unless, seven days at least previously thereto, a written notice of the intention of the selectmen to lay out or alter the same ” is served, as therein provided, on the owners of the land, over which the selectmen propose to lay out the way. The notices issue after the selectmen have formed the intention to lay out the way. The statute makes no provision for a hearing on the question whether the common convenience and necessity require the way to be laid out, as in the case of laying out highways by the…
2Cited by11 opinions
- Commissioner of Corporations & Taxation v. City of SpringfieldMassachusetts Supreme Judicial Court · 1947
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Williams v. MonroeSupreme Court of Missouri · 1894
- Grace v. Board of HealthMassachusetts Supreme Judicial Court · 1883
6 more not listed; retrieve them via the Exa API.