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119 Mass. 480

Healey v. Newton

Massachusetts Supreme Judicial Court

Decided January 21, 1876

Massachusetts Supreme Judicial Court · decided 1876-01-21

Tort for breaking and entering the plaintiff’s close, removing the soil, and laying out a highway across it, by the selectmen of the defendant town.

Decided 1876-01-21

By the Court.

¶1If Dennison and Claflin were the authorized agents of Holden, notice to him might be served on them; if :hey were not, then, Holden not being known to the selectmen as owner of the land, the notice might be served by posting. Gen. Sts. c. 43, § 61. In either alternative, therefore, there was sufficient notice of the laying out of the way; and this fact, being conclusive in favor of the defendant, renders it unnecessary to consider the other grounds of defence.

¶2Judgment for the defendant affirmed.

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