Wheeler v. City of Fitchburg
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed on June 6, 1888, for a jury to assess the damages to the petitioners’ land by the laying out of a way in the respondent city. Trial before Aldrich, J., who allowed a bill of exceptions, in substance as follows. Evidence was introduced tending to prove the following facts.
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Petition to the Superior Court, filed on June 6, 1888, for a jury to assess the damages to the petitioners’ land by the laying out of a way in the respondent city. Trial before Aldrich, J., who allowed a bill of exceptions, in substance as follows. Evidence was introduced tending to prove the following facts. The respondent duly laid out a way on June 28, 1887, its entire length as located being thirty-three hundred and fifty feet, including a strip of land taken from the petitioners ten hundred and eighty feet in length and forty feet in width. Subsequently, on October 2, 1888, the…
1Opinion of the Court
0. Allen", J.
The discontinuance of a portion of the way as laid out does not have the effect to cut off the petitioners’ right to damages for the taking of their land, which was included in the portion of the way so discontinued. Where a way is laid out over the land of several persons, an entry for the purpose of constructing any part of the way is deemed a taking of possession of all the lands included in the laying out made upon the same petition. Pub. Sts. c. 49, § 88. It was admitted that such entry had been made before the filing of the petition, though not upon land of the petitioners.…
2Cases cited1 opinion
- Poor v. BlakeMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
- Mahan v. Town of RockportMassachusetts Supreme Judicial Court · 1934
- Congregation Beth Abraham v. MuradianMassachusetts Supreme Judicial Court · 1968