113 Mass. 111 | Mass. | 1873
It was insisted at the argument that no damages could be assessed in these proceedings, because no part of the petitioners’ lands were taken for the highway which was laid out over Chandler Street by the county commissioners. But each petition for a jury alleges, and the answer thereto admits, that the county commissioners laid out a new highway over Chandler Street. Each petition also alleges that the petitioner’s title extended to the central line of Chandler Street, and the allegations are neither admitted nor denied in the anwers. There is nothing in the record or the bill of exceptions to show that Chandler Street was already a public highway. And although it is stated in the exceptions that it appeared by the petitioners’ deeds that the north lines of their lots were the south line of Chandler Street, yet in the absence of any more distinct statement as to the petitioners’ alleged title to the centre of the street, we cannot infer that they had not by prescription, by possession or by some other deeds established a title to some part of the land taken for the new highway, so that they were parties aggrieved within the statute. The point does not appear to have been made at the trial and is not open upon the exceptions. State Lunatic Hospital v. County of Worcester, 1 Met. 437.
Exceptions overruled.