Hurley v. Inhabitants of South Thomaston
Supreme Judicial Court of Maine
On exceptions by defendants. Complaint for the assessment of damages occasioned by raising the grade of the highway in South Thomaston in front of the plaintiff’s premises, brought under the provisions of sections 68, chapter 23, of the Revised Statutes. The municipal officers refused to assess any damages and refused to take j urisdiction of the complaint.
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On exceptions by defendants. Complaint for the assessment of damages occasioned by raising the grade of the highway in South Thomaston in front of the plaintiff’s premises, brought under the provisions of sections 68, chapter 23, of the Revised Statutes. The municipal officers refused to assess any damages and refused to take j urisdiction of the complaint. Thereupon under the provisions of the aforesaid section 68 the plaintiff appealed to the Supreme Judicial Court, Knox County. The appeal was duly entered in said court, and the defendants appeared and filed a motion to dismiss the appeal.…
1Opinion of the CourtSavage, J.
This is a complaint for the assessment of damages occasioned by raising the grade of the highway in South Thomaston in front of the complainant’s premises. It is brought under the provisions of R. S., eh. 23, sect. 68, and is in the nature of an appeal from the refusal of the selectmen of South Thomaston to allow any damages, upon her application therefor. The statute in question provides that “ wdien a way or street is raised or lowered by a road commissioner or person authorized, to the injury of an owner of adjoining land, he may, within a year, apply in writing to the municipal officers…
2Cited by3 opinions
- Gordon v. LeeSupreme Judicial Court of Maine · 1935
- Bartlett v. ChisholmSupreme Judicial Court of Maine · 1952
- Hashey v. Bangor Roofing & Sheet Metal Co.Supreme Judicial Court of Maine · 1947