Woodbury v. Inhabitants of Beverly
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 52, § 15, to the Superior Court, for a jury to assess, the petitioner’s damages resulting from the repair of a town way in Beverly. At the trial, Sherman, J. refused to rule, as requested by the respondent, that the action could not be maintained; and the respondent, after a verdict for the petitioner, alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
This was a petition under the Pub. Sts. c. 52, § 15, for the assessment of damages caused to the premises of the petitioner by the repair of a town way known as Dodge Street in the respondent town. The petitioner contended, and offered evidence tending to show, that the effect of the repair had been to obstruct a watercourse by which the road wash and water from the petitioner’s and other premises had previously been conducted away from the petitioner’s premises, and to raise the grade of the street so as to render access to and from the petitioner’s premises and the street more difficult, to…
2Cases cited8 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Collins v. City of WalthamMassachusetts Supreme Judicial Court · 1890
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Burr v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Attorney General v. StoneMassachusetts Supreme Judicial Court · 1911
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Sheehan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
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