Purinton v. Inhabitants of Somerset
Massachusetts Supreme Judicial Court
Tort, for damages sustained by the plaintiff in his property by the lowering of a public highway in front of his land in the ■defendant town. Trial in the Superior Court, before Fessenden, , J., who, at the conclusion of the evidence and at the request of the defendant, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff seeks to recover damages sustained by him in his property by reason of the lowering of a public-highway in front of his land in the defendant town. The lowering-was done by a street railway company, acting under authority of a franchise granted it by the selectmen of the defendant.' The bill of exceptions does not state when this was done, although it was stated at the argument that it was before the St. of 1898, c. 578, entitled “An Act relative to street railways.” It was not disputed at the argument that the selectmen acted within their authority in granting the franchise;…
2Cases cited2 opinions
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- Sheehan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- White v. Blanchard Brothers Granite Co.Massachusetts Supreme Judicial Court · 1901
- Hyde v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hewett v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1902
- Vigeant v. City of MarlboroughMassachusetts Supreme Judicial Court · 1900
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