Legal Opinion

Hurley v. Inhabitants of South Thomaston

Supreme Judicial Court of Maine

Decided March 31, 1909PublishedCited by 4 opinions

On exceptions by defendants. Overruled. Appeal from the refusal of the selectmen of the defendant town to assess damages alleged to have been sustained by the plaintiff by reason of the raising of the highway in front of the plaintiff’s premises, the proceeding being under Revised Statutes, chapter 23, section 68. The plaintiff recovered a verdict in the appellate court. During the trial the defendant town excepted to several rulings of the presiding Justice.

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On exceptions by defendants. Overruled. Appeal from the refusal of the selectmen of the defendant town to assess damages alleged to have been sustained by the plaintiff by reason of the raising of the highway in front of the plaintiff’s premises, the proceeding being under Revised Statutes, chapter 23, section 68. The plaintiff recovered a verdict in the appellate court. During the trial the defendant town excepted to several rulings of the presiding Justice. The case is stated in the opinion.

1Opinion of the CourtWhitehouse, J.

This is an appeal from the refusal of the selectmen of the defendant town to assess the damages alleged to have been occasioned by the raising of the highway in front of the appellant’s premises situated on the east side of the road in the defendant town, near the foot of Ingraham’s Hill. The proceeding is based upon section 68 of chapter 23, R. S., which provides that when a highway is "raised or lowered by a road commissioner or person authorized to the injury of an owner of adjoining land,” he may have the damages assessed by the municipal officers "to be paid by the town,” and "any person…

2Cases cited2 opinions

  1. Kellar v. BateCourt of Appeals of Kentucky · 1860
  2. Brigham v. County of WorcesterMassachusetts Supreme Judicial Court · 1888

3Cited by4 opinions

  1. Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980
  2. Pellish Bros. v. CooperWyoming Supreme Court · 1934
  3. Sterling Drug, Inc. v. BenatarCalifornia Court of Appeal · 1950
  4. Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980

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