Pitkin v. City of Springfield
Massachusetts Supreme Judicial Court
Appeal, by the petitioner, from a judgment of the Superior Court, accepting a verdict for damages occasioned by the laying out of a street over the petitioner’s land.
Read the full summary
Appeal, by the petitioner, from a judgment of the Superior Court, accepting a verdict for damages occasioned by the laying out of a street over the petitioner’s land. On the second Tuesday of April, 1871, the petitioner presented her petition to the county commissioners, representing that the board of aldermen of the city of Springfield, August 3; 1868, had laid out and established an extension of Dwight Street over her land; that May 31,- 1869, they had awarded to her damages that she was aggrieved by the appraisal of damages, and praying that a jury might be ordered to reconsider and…
1Opinion of the CourtGray, C. J.
The only taking of land, alleged in the petition or appearing by the record, was by the location of the highway in 1868. The St. of 1870, a. 278, did not authorize any new taking, but declared the location already made and the assessment of damages therefor by the board of aldermen to be valid, and extended the time of applying for a jury to determine the damages. The petitioner, by applying for a jury under this statute, admitted the validity of that location, and his damages were rightly estimated as of the date thereof. The question of the constitutionality of the St. of 1870 is not open…
2Cited by19 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Moore v. SanfordMassachusetts Supreme Judicial Court · 1890
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1882
- Nichols v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1942
14 more not listed; retrieve them via the Exa API.