Taft v. Commonwealth
Massachusetts Supreme Judicial Court
Two PETITIONS to the Superior Court, for a jury to assess the petitioner’s damages under St. 1889, c. 439. The first petition was for the taking, by the Board of Metropolitan Sewerage Commissioners, in behalf of the Commonwealth, of a triangular parcel of land of the petitioner at Point Shirley in Winthrop, containing about 12,450 square feet of upland and 9,000 feet of beach, for the purpose, expressed in the instrument of taking, “ of using the same for the construction,…
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Two PETITIONS to the Superior Court, for a jury to assess the petitioner’s damages under St. 1889, c. 439. The first petition was for the taking, by the Board of Metropolitan Sewerage Commissioners, in behalf of the Commonwealth, of a triangular parcel of land of the petitioner at Point Shirley in Winthrop, containing about 12,450 square feet of upland and 9,000 feet of beach, for the purpose, expressed in the instrument of taking, “ of using the same for the construction, maintenance, and operation of an underground sewer or sewers, siphons, gate-chambers, and necessary appurtenances.” This…
1Opinion of the CourtHolmes, J.
These are two petitions for the determination of damages under the Metropolitan Sewerage Act, St. 1889, c. 439, § 4. The first is for a triangular piece of land on Point Shirley at Shirley Gut, taken in fee simple for a sewer, etc. The other is for an easement of building and maintaining a sewer under a long strip of adjoining land alleged by the respondent to be a public way. The petitions were tried together, and the case is here on exceptions.
The first exceptions were to allowing certain experts to testify how the taking of a part of the petitioner’s land for a sewer affected the value of…
2Cases cited26 opinions
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Pearland v. AlexanderTexas Supreme Court · 1972
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
16 more not listed; retrieve them via the Exa API.