Burr v. Inhabitants of Leicester
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 44, §§ 19, 20, to the county commissioners for a jury to assess the damages to the petitioner’s estate by repairing a highway in Leicester. At the trial before the sheriff’s jury no question was made that the proper step by petition to the selectmen for the damages complained of was not made, or that they did not refuse to award the petitioner damages.
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Petition under the Gen. Sts. c. 44, §§ 19, 20, to the county commissioners for a jury to assess the damages to the petitioner’s estate by repairing a highway in Leicester. At the trial before the sheriff’s jury no question was made that the proper step by petition to the selectmen for the damages complained of was not made, or that they did not refuse to award the petitioner damages. It appeared that the petitioner was the owner of an estate situated in Leicester, and abutting upon the public highway leading from Worcester to Leicester about one hundred and ninety feet; that within the limits…
1Opinion of the CourtLord, J.
The authority of the decision in Callender v. Marsh, 1 Pick. 418, has never been questioned. Parker, C. J., in delivering the opinion in that case, which in many respects is similar to this, enters into an elaborate and thorough examination of the rights of surveyors of highways, of the rights of the public in the soil of the road within its limits, and the power of the Legislature to confer such rights. The result of the reasoning in that case is, that the entire soil within the limits of a highway, duly established, is appropriated to the public use for all the necessities of a way; that,…
2Cited by10 opinions
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Connor v. Metropolitan District Water Supply CommissionMassachusetts Supreme Judicial Court · 1943
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- United States Gypsum Co. v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
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