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action alleged ALLEN allowed amount appear application assignment authority bill Boston brought building cause charge claim commissioners common Commonwealth complaint condition considered construction contended contract corporation crossing damages death decree deed defendant defendant's determination dollars entered entitled evidence exceptions fact FIELD give given Gray ground held highway HOLMES injury instructions intention interest issue January judge judgment jury justice land liable limits loss maintain Mass matter meaning necessary negligence notice objection officer opinion paid parties payment person petition petitioner plaintiff premises Present Probate proceedings question Railroad reason received recover referred reported request rule sell side statute Street Superior Court taken tion Tort town track train trial trust verdict
Page 127 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Page 144 - It is furthermore hereby expressly provided and mutually agreed that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any court of law or chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 519 - Upon these facts the judge directed a verdict for the defendant, and reported the case for the determination of this court, such order to be made as the court might direct.
Page 572 - General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions...
Page 144 - Company after the expiration of the aforesaid twelve months, the lapse of time shall be taken and deemed as conclusive evidence against the validity of such claim, any Statute of Limitation to the contrary notwithstanding.
Page 143 - In case differences shall arise touching any loss or damage after proof thereof has been received in due form, the matter shall, at the written request of either party, be submitted to impartial arbitrators...
Page 572 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 522 - In this country, where one is to make repairs on the house of another under a special contract, or is to furnish a part of the work and materials used in the erection of a house, and his contract becomes impossible of performance on account of the destruction of the house, the rule is uniform, so far as the authorities have come to our attention, that he may recover for what he has done or furnished.
Page 571 - It has never been deemed essential that the entire community or any considerable portion of it should directly enjoy or participate in an improvement or enterprise, in order to constitute a public use, within the true meaning of these words as used in the constitution.