Munroe v. City of Woburn
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on November 23, 1911, under R. L. c. 48, §§ 69, 94, for indemnity for loss and expense incurred by proceedings of the city of Woburn in taking for the widening of Union Street a strip of land from a lot of the petitioner at the corner of Main Street and Union Street in that city, the taking having become void under § 92 by reason of the respondent having failed for more than two years to make an entry for possession of the land.
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Petition, filed in the Superior Court on November 23, 1911, under R. L. c. 48, §§ 69, 94, for indemnity for loss and expense incurred by proceedings of the city of Woburn in taking for the widening of Union Street a strip of land from a lot of the petitioner at the corner of Main Street and Union Street in that city, the taking having become void under § 92 by reason of the respondent having failed for more than two years to make an entry for possession of the land. In the Superior Court the case was tried before Quinn, J. It appeared that on February 18, 1908, there was a building on the…
1Opinion of the CourtDe Courcy, J.
The petitioner owns a large lot of land on Union and Main streets in Woburn. In December, 1908, an order was duly adopted by the city to take a strip of this lot for the purpose of widening Union Street; but as the land was not entered upon to complete the taking, she became entitled to “indemnity for loss or expense incurred by the proceedings,” by virtue of R. L. c. 48, § 69. The questions raised at the trial involve the construction of this statute.
The trial judge ruled- that upon the evidence offered by the petitioner her “loss and expense” must be confined to her loss of time, and the…
2Cases cited5 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
- Letton v. YoungCourt of Appeals of Kentucky · 1859
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- Corey v. Inhabitants of WrenthamMassachusetts Supreme Judicial Court · 1895
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