Buell v. County of Worcester
Massachusetts Supreme Judicial Court
Petition to the Superior Court, for a jury to assess damages alleged to have been caused to the petitioner’s land by the laying out of a highway in Worcester.
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Petition to the Superior Court, for a jury to assess damages alleged to have been caused to the petitioner’s land by the laying out of a highway in Worcester. At the trial before Dewey, J., it appeared that the highway in question was laid out by the county commissioners on March 16, 1871, and that the laying out consisted in widening a former way, called Chandler Street, about ten feet, and raising the grade thereof at various points, among others, opposite the premises of the petitioner about seven feet. The petitioner’s premises consisted of thirty thousand feet of land upon the southerly…
1Opinion of the CourtColt, J.
The petitioner claimed damages occasioned by a change of grade in the street. He was entitled to recover the diminution in value occasioned to his property in the condition it was when the change was made from a lower to a higher grade. Upon that question, and as one of the steps in determining it *375the jury might consider what expenses a prudent man would reasonably incur in putting the property, with reference to the new grade, in as good condition as it was before, being limited in their verdict to compensation for the diminished value of the property. This excludes a recovery for particular…
2Cases cited3 opinions
- Chase v. City of WorcesterMassachusetts Supreme Judicial Court · 1871
- Hartshorn v. County of WorcesterMassachusetts Supreme Judicial Court · 1873
- Bates v. RayMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Attorney General v. StoneMassachusetts Supreme Judicial Court · 1911
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1909
- Chase v. City of PortlandSupreme Judicial Court of Maine · 1894
- Wooley v. City of Fall RiverMassachusetts Supreme Judicial Court · 1915
- Kane v. Town of HudsonMassachusetts Appeals Court · 1979
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