Holt v. City of Somerville
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of three lots of land, for widening Broadway in Somerville, in pursuance of a vote of the city council, passed October 19, 1874. At the trial before a sheriff’s jury, it appeared that one of these lots, called Lot 2, consisted entirely of a portion of a private way called Chauncey Street, which the petitioner had laid out some years before, forty feet wide, over his own land, extending…
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Petition to the county commissioners for a jury to assess damages for the taking of three lots of land, for widening Broadway in Somerville, in pursuance of a vote of the city council, passed October 19, 1874. At the trial before a sheriff’s jury, it appeared that one of these lots, called Lot 2, consisted entirely of a portion of a private way called Chauncey Street, which the petitioner had laid out some years before, forty feet wide, over his own land, extending northerly, from the old line of Broadway, several hundred feet, to a cross street; and the issue was whether the petitioner had…
1Opinion of the CourtEndicott, J.
At the time the deeds were given by the petitioner to the respondent, Chauncey Street was open and used as a way. The sheriff’s certificate states that it was a private way which the petitioner had laid out some years before, forty feet wide, over his own land, extending from the old line of Broadway. This appears also from the language of both deeds. ■ The first conveys two parcels of land within, and the second one parcel of land without, the limits of the proposed park. All the parcels are bounded on Chauncey Street, and the description of the boundaries of each begins at a point on…
2Cases cited2 opinions
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Needham v. JudsonMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Bullard v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- Cetlin v. BradfordMassachusetts Supreme Judicial Court · 1922