193 Mass. 530 | Mass. | 1907
The only question presented by these exceptions is whether the Superior Court could rightfully allow Mrs. Partridge’s motion that she should be admitted as a party petitioner. If the court had such power, no exception to its
In the case at bar, the only remedy for the recovery of the damages claimed in the petition was that given by Pub. Sts. c. 52, §§ 15, 16. Before the enactment of the statute of which these sections are a revision, these damages could not have been
Nor is it any objection to this result that Mr. and Mrs. Partridge might perhaps have joined in one petition to the selectmen for the assessment of their damages. If we assume that the provisions of Pub. Sts. c. 49, § 34, were applicable to a petition under c. 52, § 15, (see Onset Street Railway v. County Commissioners, 154 Mass. 395,) yet it remains true that the rights of these peti*
Exceptions sustained.