Hafey v. Commonwealth

This is a petition for an assessment of damages alleged to have been suffered by reason of the alteration and construction of a road, taken charge of by the highway commission as a State highway, under the provisions of R. L. c. 47, §§ 5, 6. The petition was filed in the Superior Court, under § 9 of this chapter, and the contention of the respondent is that the court had no jurisdiction because no application for an assessment had been made to the highway commission, and the commission had made no assessment.

The judge refused to rule in accordance with this contention, and allowed damages for…