Parks v. City of Boston
Massachusetts Supreme Judicial Court
This was a complaint presented to the Court of Common Pleas, praying that a jury might be empannelled to assess the damages sustained by the complainant in consequence of the taking of 313 square feet of land by the mayor and aldermen of Boston, on July 13, 1829, for the purpose of widening Doane street in that city.
Read the full summary
This was a complaint presented to the Court of Common Pleas, praying that a jury might be empannelled to assess the damages sustained by the complainant in consequence of the taking of 313 square feet of land by the mayor and aldermen of Boston, on July 13, 1829, for the purpose of widening Doane street in that city. The respondents admitted the taking of the land, but traversed the allegation in the complaint, that the complainant was damaged in his property thereby, and tendered an issue thereon, which was joined. At the trial in the Court of Common Pleas, before Ward, C. J., after the jury…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This case comes before the Court upon exceptions taken by both parties, to some of the decisions of the learned judge,who tried the cause in the court below, in point of law.
We shall first consider the exception taken on the part of the city.
This claim for land taken to widen and improve streets in this city, and the mode of seeking the remedy therefor, depends upon the provisions and the construction of several statutes.
By St. 1821, c. 109, § 8, being the act providing for the administration of justice in the county of Suffolk, passed…
2Cases cited1 opinion
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Grupo Mexicano De Desarrollo, S. A. v. Alliance Bond Fund, Inc.Supreme Court of the United States · 1999
- City of Norwood v. HorneyOhio Supreme Court · 2006
- Calmat of Arizona v. State Ex Rel. MillerArizona Supreme Court · 1993
- Appeal of PhillipsSupreme Court of Connecticut · 1931
- Board of Commissioners v. LaboreSupreme Court of Kansas · 1887
8 more not listed; retrieve them via the Exa API.