Goddard v. Mayor of Worcester

Massachusetts Supreme Judicial Court

Goddard v. Mayor of Worcester

75 Mass. 88

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1857

StatusPublished

This text of 75 Mass. 88 (Goddard v. Mayor of Worcester) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goddard v. Mayor of Worcester, 75 Mass. 88 (Mass. 1857).

Pincite

Opinion

Bigelow, J.

*

The action of the mayor and aldermen of the 21st of January 1851, accepting the report of a committee of their number, in which they refuse to recommend that “damage be appraised and allowed the said trustees,” was equivalent to a refusal to assess any damages on the-petition. It was a judgment against the petitioners’ claim for damages, which would, have authorized an application for a jury according ta [90]*90the provisions of law. Nor was this refusal waived or modified by the subsequent action of the board in October 1853. The previous vote was not reconsidered, the grade of the road was not changed, and no action was taken which in any degree altered the previous refusal of the board to give the petitioners any damages. Monagle v. County Commissioners, 8 Cush. 362.. Smith v. Mayor & Aldermen of Boston, 1 Gray, 72.

Petition dismissed.

Thomas, J. did not sit in this case.

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Bigelow, J.

*

The action of the mayor and aldermen of the 21st of January 1851, accepting the report of a committee of their number, in which they refuse to recommend that “damage be appraised and allowed the said trustees,” was equivalent to a refusal to assess any damages on the-petition. It was a judgment against the petitioners’ claim for damages, which would, have authorized an application for a jury according ta [90]*90the provisions of law. Nor was this refusal waived or modified by the subsequent action of the board in October 1853. The previous vote was not reconsidered, the grade of the road was not changed, and no action was taken which in any degree altered the previous refusal of the board to give the petitioners any damages. Monagle v. County Commissioners, 8 Cush. 362.. Smith v. Mayor & Aldermen of Boston, 1 Gray, 72.

Petition dismissed.

Thomas, J. did not sit in this case.

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Bluebook (online)

75 Mass. 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goddard-v-mayor-of-worcester-mass-1857.