Legal Opinion

Crowell v. Inhabitants of Beverly

Massachusetts Supreme Judicial Court

Decided January 9, 1883PublishedCited by 4 opinions

Petition for the assessment of damages caused by the taking of the petitioner’s land for a town way. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the petitioner was the owner of a tract of land bounding on Lathrop Street in the respondent town, extending back from said street three hundred feet or more in a northerly direction to land of one John Pickett ; that over and…

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Petition for the assessment of damages caused by the taking of the petitioner’s land for a town way. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the petitioner was the owner of a tract of land bounding on Lathrop Street in the respondent town, extending back from said street three hundred feet or more in a northerly direction to land of one John Pickett ; that over and across the petitioner’s land and the land of Pickett the selectmen of the respondent town, in 1880, laid out a town way…

1Opinion of the Court

Morton*, C. J.

The deed from the petitioner to Stevens conveys a lot of land bounded “westerly fifty-three feet by a way called Stone Street.” Under the instructions given them, the jury must have found that, at the time of this conveyance, there was a well-defined and graded way or street, known as Stone Street, running from Bartlett Street to Lathrop Street, partly over the petitioner’s land and partly over land of Pickett. If the petitioner had owned the land covered by the way in front of the lot sold to Stevens, it is too clear to admit of any question that Stevens would have acquired, by…

2Cases cited2 opinions

  1. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
  2. Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876

3Cited by4 opinions

  1. Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
  2. New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
  3. Creighton v. Water Commissioners.Supreme Court of North Carolina · 1906
  4. McLoud v. HallMassachusetts Land Court · 1904

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