Sisson v. City of New Bedford
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed January 2,1883, alleging that the petitioner was the owner of land on First Street in the respondent city; that he had sustained damage in his property by the raising of the grade of said street in front of his premises; that he filed his petition for compensation for said damage with the mayor and aldermen of the city, after the commencement and within one year from the completion of the work of raising said grade, who refused and…
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Petition to the Superior Court, filed January 2,1883, alleging that the petitioner was the owner of land on First Street in the respondent city; that he had sustained damage in his property by the raising of the grade of said street in front of his premises; that he filed his petition for compensation for said damage with the mayor and aldermen of the city, after the commencement and within one year from the completion of the work of raising said grade, who refused and neglected to estimate the same for thirty days after the filing of the petition; and praying for a jury to ascertain said…
1Opinion of the CourtColburn, J.
In the absence of an order by the authorities authorized to lay out public ways, fixing the grade of a way, a surveyor of ways is authorized to raise or lower the grade at his discretion, whenever such change may be necessary to keep the way in repair, or make it safe and convenient for travel; and, until the passage of the Revised Statutes, landowners who sustained damage to their estates, in consequence of such change of grade, were without remedy. Callender v. Marsh, 1 Pick. 418. Brown v. Lowell, 8 Met. 172. Mitchell v. Bridgewater, 10 Cush. 411. Burr v. Leicester, 121 Mass. 241.
*257By the…
2Cases cited9 opinions
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Taber v. City of New BedfordMassachusetts Supreme Judicial Court · 1883
- Snow v. Inhabitants of ProvincetownMassachusetts Supreme Judicial Court · 1872
- Barker v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Burr v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- L'Huilier v. City of FitchburgMassachusetts Supreme Judicial Court · 1923
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
12 more not listed; retrieve them via the Exa API.