Abbott v. Inhabitants of Cottage City
Massachusetts Supreme Judicial Court
Petition, filed February 19, 1886, in the Superior Court, for a jury to assess the damages sustained by the petitioner by the laying out of a way, called Océan Avenue, over the land of the petitioner, in that part of the town of Cottage City called Oak Bluffs.
Read the full summary
Petition, filed February 19, 1886, in the Superior Court, for a jury to assess the damages sustained by the petitioner by the laying out of a way, called Océan Avenue, over the land of the petitioner, in that part of the town of Cottage City called Oak Bluffs. At the trial, before Rockwell, J., it appeared that a way had been laid out and accepted bordering upon one side of a tract of six acres which the petitioner claimed to own, taking therefrom a strip some thirty feet in width, and twelve hundred feet in length, along the entire extent of one side of the premises. The respondent offered…
1Opinion of the CourtHolmes, J.
1. The first exception before us is to the exclusion of evidence that, from fifteen to nineteen years ago, the premises were dedicated to the public as a public square, that the dedication was then accepted by the public, but not under any statute or by vote of the town, and that public use of the premises as a park had continued down to the present time. The court ruled that no such dedication was possible in Massachusetts.
We are of opinion that this ruling cannot be sustained. The principle of dedication, although of ambiguous origin, has been recognized in this State as in force here…
2Cases cited20 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
15 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Porter v. . International Bridge Co.New York Court of Appeals · 1910
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
44 more not listed; retrieve them via the Exa API.