Pitkin v. City of Springfield
This text of 112 Mass. 509 (Pitkin v. City of Springfield) 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.
Opinion
The only taking of land, alleged in the petition or appearing by the record, was by the location of the highway in 1868. The St. of 1870, a. 278, did not authorize any new taking, but declared the location already made and the assessment of damages therefor by the board of aldermen to be valid, and extended the time of applying for a jury to determine the damages. The petitioner, by applying for a jury under this statute, admitted the validity of that location, and his damages were rightly estimated as of the date thereof. The question of the constitutionality of the St. of 1870 is not open to him in these proceedings. Judgment accepting the verdict affirmed.
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112 Mass. 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitkin-v-city-of-springfield-mass-1873.