Blaisdell v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess damages for the taking of land by the respondent to lay out a highway from Winthrop Street to Pleasant Street in the town of Winthrop. The respondent denied the laying out of the way.
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Petition to the Superior Court for a jury to assess damages for the taking of land by the respondent to lay out a highway from Winthrop Street to Pleasant Street in the town of Winthrop. The respondent denied the laying out of the way. Trial before Bacon, J., who allowed a bill of exceptions in substance as follows: A town meeting was held in Winthrop on June 10, 1872, in pursuance of a warrant dated May 31, 1872, containing the following articles: “Article 2, To see if the town will accept a street as laid out by the road commissioners, from Winthrop Street to Pleasant Street, or any part of…
1Opinion of the CourtDevens, J.
In order that the plaintiff should maintain this petition it is necessary for him to show a legal laying out of the town way in the construction of which his land was taken.
Road commissioners having been chosen by the town, they had the powers and duties ordinarily vested by law in the selectmen and surveyors of highways as to laying out and altering streets. St. of 1871, e. 158. No town way laid out or altered by them can be accepted and allowed at a meeting of the town for such purpose, “ unless such laying out or alteration with the boundaries and admeasurements is filed in the office of…
2Cases cited1 opinion
- Jeffries v. Inhabitants of SwampscottMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Markiewicus v. Town of MethuenMassachusetts Supreme Judicial Court · 1938
- Wood v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1908
- Simpson v. HarrisNevada Supreme Court · 1893
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Hull v. Chicago Burlington & Quincy RailroadNebraska Supreme Court · 1887
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