Legal Opinion

Commonwealth v. Peters

Massachusetts Supreme Judicial Court

Decided September 15, 1806PublishedCited by 10 opinions

This was a certiorari brought to quash certain proceedings of the Court of Sessions for altering a highway in the town of Worcester. A number of errors were assigned, but the Court gave no opinion upon any except the following: — “ 6th. Because the said Court of Sessions, by said record and process, have allowed to the said Lincoln, his heirs and assigns, a right to build a dam on the land of said Anna, (1) which they had no authority to do.” *11 7th.

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This was a certiorari brought to quash certain proceedings of the Court of Sessions for altering a highway in the town of Worcester. A number of errors were assigned, but the Court gave no opinion upon any except the following: — “ 6th. Because the said Court of Sessions, by said record and process, have allowed to the said Lincoln, his heirs and assigns, a right to build a dam on the land of said Anna, (1) which they had no authority to do.” *11 7th. Because the said Court of Sessions, by the [ * 126 J record and process aforesaid, have taken the real property of said Anna and given (it) to…

1Opinion of the CourtParker, J.

The committee appear to me to have travelled out of their commission so far as to vitiate their whole proceedings. This grant to Mr. Lincoln was evidently considered, both by the committee and the court, as a compensation to him for the loss of his dam, which was part of the damage sustained by him from this alteration in the way. By law they had no authority to give any thing but money as compensation. For this error, I think the pro ceedings must be quashed.

Sedgwick, J.

I am of the same opinion. The constitution declares, according to the dictates of justice, that private property shall not…

2Cases cited3 opinions

  1. Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
  2. Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
  3. Fairfield v. WilliamsMassachusetts Supreme Judicial Court · 1808

3Cited by10 opinions

  1. Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
  2. Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
  3. Martin v. TylerNorth Dakota Supreme Court · 1894
  4. Attorney General v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1893
  5. Louisiana Power and Light Company v. LasseigneLouisiana Court of Appeal · 1969

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