Blaisdell v. Winthrop

• Decision Date: 26 June 1875
• Citation: 118 Mass. 138
• Parties: James Blaisdell v. Inhabitants of Winthrop
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

118 Mass. 138

James Blaisdell v. Inhabitants of Winthrop

Supreme Court of Massachusetts

June 26, 1875

Suffolk. Petition to the Superior Court for a jury to assess damages for the taking of land by the respondent to lay out a highway from Winthrop Street to Pleasant Street in the town of Winthrop. The respondent denied the laying out of the way. Trial before Bacon, J., who allowed a bill of exceptions in substance as follows:

A town meeting was held in Winthrop on June 10, 1872, in pursuance of a warrant dated May 31, 1872, containing the following articles: "Article 2. To see if the town will accept a street as laid out by the road commissioners, from Winthrop Street to Pleasant Street, or any part of said street. Article 3. To see if the town will build the street laid out by the road commissioners, or any part thereof, and raise money to pay for the same." The town voted "that the town accept the plan for a street as laid out by the road commissioners, from Winthrop to Pleasant Street;" and "that the road commissioners be instructed to build the street as laid out by them, from Winthrop Street to Pleasant Street as accepted by the town."

It appeared that a plan entitled "Plan of a proposed street in Winthrop," which showed the boundaries and admeasurements of various estates included within the proposed way, including the petitioner's, and bearing the following indorsement, signed by the town clerk: "Town of Winthrop; filed in the office of the town clerk this the first day of June, 1872," was filed by the road commissioners, but not signed by them, in the office of the town clerk, on June 1, 1872; and that on June 3, 1872, a paper, of which the following is a copy, was filed, signed by Albert Richardson and David Floyd: "Amount of land taken from James Blaisdell, 10,104 feet, at .06 per foot, $ 06.24."

The plaintiff called the town clerk as a witness, who testified that Richardson and Floyd were the road commissioners for the town of Winthrop, and that the plan was produced in the town meeting aforesaid, and verbally explained by them to the inhabitants as they were about to act on the aforesaid articles. The road was in fact constructed.

The judge ruled that the plan and paper, filed as aforesaid, were not a sufficient compliance with the requirement of the statute; and ordered a verdict for the respondent. The petitioner alleged exceptions.

Exceptions overruled.

A Hemenway, for the petitioner.

C. R Train, for the respondent.

Devens, J. Ames & Endicott, JJ., absent.

OPINION

Devens, J.

In order that the plaintiff should maintain this petition it is necessary for him to show a legal laying out of the town way in the construction of which his...