Thurston v. City of Lynn
Massachusetts Supreme Judicial Court
Petition on the Gen. Sts. c. 44, §§ 19, 20, to the county commissioners, for a jury to assess damages, setting forth that the petitioner was the owner of an estate at the corner of Union and Silsbee Streets in Lynn, and that he had suffered damage to said estate “ by reason of the lowering of said streets in the month of April, 1872, by said city, for the purpose of repairing said streets and of fixing the grade thereof; ” that after the commencement of the work, and within…
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Petition on the Gen. Sts. c. 44, §§ 19, 20, to the county commissioners, for a jury to assess damages, setting forth that the petitioner was the owner of an estate at the corner of Union and Silsbee Streets in Lynn, and that he had suffered damage to said estate “ by reason of the lowering of said streets in the month of April, 1872, by said city, for the purpose of repairing said streets and of fixing the grade thereof; ” that after the commencement of the work, and within one year after the completion thereof, namely, on April 23, 1872, he presented his petition to the mayor and aldermen of…
1Opinion of the CourtMorton, J.
This petition is brought under the Gen. Sts. c. 44. That chapter gives a remedy against a town, in the mode adopted by the petitioner, to any owner of land adjoining a highway or town way, who sustains damage in his property by reason of any raising, lowering or other act done for the purpose of repairing such way. Gen. Sts. c. 44, §§ 19, 20. By § 35, the provisions of this chapter are made to apply to cities, except as otherwise provided in their charters.
The city charter of Lynn provides that “ the mayor and aider-men of the city of Lynn, with the concurrent vote of the common council,…
2Cited by3 opinions
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Barker v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Simpson v. City of North AdamsMassachusetts Supreme Judicial Court · 1899