White v. Inhabitants of Foxborough
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed November 18, 1887, for a jury to assess the damages caused by the taking by the respondent of land of the petitioner for the widening of Liberty Street, a town way in Foxborough, and praying for further time for removing a house partially standing thereon. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows.
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Petition to the Superior Court, filed November 18, 1887, for a jury to assess the damages caused by the taking by the respondent of land of the petitioner for the widening of Liberty Street, a town way in Foxborough, and praying for further time for removing a house partially standing thereon. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. It appeared that Liberty Street was first laid out- as a town way thirty-three feet wide in 1857, and as then laid out the northerly line of the street formed the southerly boundary of the…
1Opinion of the CourtDevens, J.
The decision of several of the exceptions to the rulings of the presiding judge depends upon the inquiry whether the petitioner received any sufficient notice to remove his “trees, fences, and other property ” which might obstruct the building of the way, and whether, if he failed so to remove them, he is to be deemed to have relinquished his right thereto for the benefit of the town. Pub. Sts. c. 49, §§ 80, 81. While no distinct ruling on these points appears by the bill of exceptions, the trial was evidently conducted upon the theory that there had been no such notice, or certainly no such…
2Cases cited9 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Murray v. County of NorfolkMassachusetts Supreme Judicial Court · 1889
- Veale v. City of BostonMassachusetts Supreme Judicial Court · 1883
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3Cited by10 opinions
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- Bassett v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1902
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
- Dana v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Sterner v. NixonSupreme Court of New Jersey · 1936
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