Mowry v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court, for a jury to assess damages for the taking of the petitioners’ land by the street commissioners of the city of Boston, under St. 1896, c. 516, § 11.* The case was submitted to Hardy, J., upon an agreed statement of facts, in substance as follows.
Read the full summary
Petition to the Superior Court, for a jury to assess damages for the taking of the petitioners’ land by the street commissioners of the city of Boston, under St. 1896, c. 516, § 11.* The case was submitted to Hardy, J., upon an agreed statement of facts, in substance as follows. On April 8,1897, and prior thereto, the petitioners were the owners in fee simple, free from any restrictions or encumbrances, of a certain parcel of land and the buildings thereon, situated at or near the junction of Federal Street, Atlantic Avenue, and Summer Street, in Boston. Pursuant to a vote or order of the…
1Opinion of the CourtKnowlton, J.
The only question in this case is whether the damages for the taking of the petitioners’ land are to be assessed at the value of it at the time of the passage of the act which required the taking as a part of a scheme of improvement which included the construction of the Union Station for passengers on railroads entering the southerly part of the city of Boston, or at its market value when it was formally taken, nearly a year afterwards, when the price of land in the vicinity had increased by reason of the expected improvement of which the taking of this land was a part. The answer to the…
2Cases cited4 opinions
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
- May v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Teele v. City of BostonMassachusetts Supreme Judicial Court · 1896
- Bowditch v. City of BostonMassachusetts Supreme Judicial Court · 1895
3Cited by10 opinions
- Cleveland v. CarcioneOhio Court of Appeals · 1963
- Sanitary District of Chicago v. ChapinIllinois Supreme Court · 1907
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
- Connor v. Metropolitan District Water Supply CommissionMassachusetts Supreme Judicial Court · 1943
- Rogers v. ZwolakCourt of Chancery of Delaware · 1920
5 more not listed; retrieve them via the Exa API.