Proctor v. Stone
Massachusetts Supreme Judicial Court
Tort, to recover damages for injuries alleged to have been caused to land of the plaintiffs by the defendants in raising the grade of a public highway in the town of Revere. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows.
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Tort, to recover damages for injuries alleged to have been caused to land of the plaintiffs by the defendants in raising the grade of a public highway in the town of Revere. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows. The defendants justified their acts on the ground that whatever they did was done by them in behalf and as the agents of the town, thereunto duly authorized. On November 13, 1888, at a town meeting of the town of Revere, the defendants, Jonathan Stone, William H.…
1Opinion of the CourtBarker, J.
The plaintiffs seek damages because the defendants have raised the surface of the street upon which their lands abut. The defendants justify as agents of the town, which is empowered by the Pub. Sts. c. 52, § 13, to intrust to committees the making or repair of roads, and if the defendants have done only what the town commissioned them to do they are not liable to the plaintiffs, unless the town itself was not justified in raising the surface of the street.
It was originally held that all damages occasioned by a change in the grade of a way were fully paid and satisfied at the time of its…
2Cases cited9 opinions
- Collins v. City of WalthamMassachusetts Supreme Judicial Court · 1890
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Kennison v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1888
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
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3Cited by6 opinions
- L'Huilier v. City of FitchburgMassachusetts Supreme Judicial Court · 1923
- McManus v. Inhabitants of WestonMassachusetts Supreme Judicial Court · 1895
- Dana v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Partridge v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1907
- Garvey v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1905
1 more not listed; retrieve them via the Exa API.