Whitney v. Commonwealth

This is a petition for an assessment of damages growing out of a taking of land in Winchester by the metropolitan park commissioners in 1898, under the authority of *533Sts. 1894, c. 288, and 1895, c. 450. The first question is whether the petitioners are entitled to a substantial sum or only to nominal damages. In the original taking a strip of the petitioners’ land seven feet wide, on the northerly side of Walnut Street, was included, and this gave the petitioners a vested right to compensation for the land taken, and also for damages caused to their remaining land. But this right was subject…