Thomas v. Inhabitants of Marshfield
Massachusetts Supreme Judicial Court
The complaint alleged, that a statute was passed on February 21st, 1827, (St. 1826, c. 81,) revived on March 3d, 1829, (by St. 1828, c. 124,) and accepted by the town of Marsh-field on May 18th, 1829, by the authority of which all neat cattle, horses and sheep, were prohibited from going at large on Marshfield beach, in that town, and that it was enacted by the statute, that any person having any legal title to any part of the beach, should be compensated by the town of…
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The complaint alleged, that a statute was passed on February 21st, 1827, (St. 1826, c. 81,) revived on March 3d, 1829, (by St. 1828, c. 124,) and accepted by the town of Marsh-field on May 18th, 1829, by the authority of which all neat cattle, horses and sheep, were prohibited from going at large on Marshfield beach, in that town, and that it was enacted by the statute, that any person having any legal title to any part of the beach, should be compensated by the town of Marshfield for any injury he might sustain under the provisions of the statute, to be estimated in the manner provided by…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. This process is founded on St. 1826, c. 81, which authorizes the town of Marshfield to build a sea-wall, palisade, or hedge fence, for the purpose of preserving and securing Marshfield beach and for other purposes. The 7th section provides, “ that if any *373person has a legal title in or to said beach, or any part thereof, he shall have a right to a compensation in damages, for any injury he may sustain under any of the provisions of the said statute.” The complainant alleges, that at the time of passing the statute, he had a right of commonage for his…
2Cases cited3 opinions
- Minister of the Reformed Protestant Dutch Church v. VeederNew York Supreme Court · 1830
- Jackson ex dem. Potter v. SissonNew York Supreme Court · 1801
- Inhabitants of Springfield v. MillerMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Corbett v. RubenSupreme Court of Virginia · 1982
- Catoctin Ridge Homeowners Association, Inc. v. George L. BillerCourt of Appeals of Virginia · 2025