Legal Opinion

Keith v. City of Brockton

Massachusetts Supreme Judicial Court

Decided November 27, 1888PublishedCited by 2 opinions

Petition to the Superior Court, filed on November 21, 1887, alleging that the petitioners were the owners of land on a street in Brockton; that on June 5, 1886, the city council of Brockton established the grade of such street, according to a plan of the city engineer then on file, and passed an order for specific repairs to be made thereon to bring it to the grade so established; that such repairs were duly made, and the grade of the street was lowered, to the damage of the…

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Petition to the Superior Court, filed on November 21, 1887, alleging that the petitioners were the owners of land on a street in Brockton; that on June 5, 1886, the city council of Brockton established the grade of such street, according to a plan of the city engineer then on file, and passed an order for specific repairs to be made thereon to bring it to the grade so established; that such repairs were duly made, and the grade of the street was lowered, to the damage of the petitioners’ land; that the petitioners had no actual notice of the passage of the order, or of any proceedings under…

1Opinion of the CourtC. Allen, J.

The order passed by the city council was not for the laying out, alteration, or discontinuance of the way, but it was for specific repairs thereof, by changing the grade according to a plan which was referred to (Sisson v. New Bedford, 137 Mass. 255) ; and according to the general rule in such case, the application by a party aggrieved for a jury must be made within one year after such order is passed. Pub. Sts. c. 49, § 79. But the petitioner contends that he is entitled to an extension of time under the provisions of § 89 of the same chapter. This latter section was founded upon the St. of…

2Cases cited1 opinion

  1. Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884

3Cited by2 opinions

  1. Dana v. City of BostonMassachusetts Supreme Judicial Court · 1898
  2. Wilder v. LoehrSupreme Court of Alabama · 1924

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