Livermore v. County of Norfolk

When this case was here before it was held that the allegations of the petition set forth a case arising under the first section of R. L. c. 48, and not under the twelfth section. It was stated, however, in the opinion of the court, that “from the recitals in the petition for assessment of damages, which are all that is before us to show the details of the proceedings, it is not plain beyond the possibility of question whether the commissioners were acting under the R. L. c. 48, § 1, and making an alteration of the highway, or under the R. L. c. 48, § 12, and merely relocating it. If they…