Bowditch v. City of Boston
Massachusetts Supreme Judicial Court
Petition for a jury to assess the damages for the taking, in December, 1892, of land of the petitioners’ testator, under St. 1875, c. 185, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park.
Read the full summary
Petition for a jury to assess the damages for the taking, in December, 1892, of land of the petitioners’ testator, under St. 1875, c. 185, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park. At the trial in the Superior Court, before Richardson, J., it appeared that the premises, containing 152,384 square feet, were, at the time of taking, the homestead estate of the late Francis Parkman, and included two dwelling-houses, a stable, and a greenhouse; that in 1891 the city of Boston had bought the Rindge estate, adjoining the petitioners’ land on the…
1Opinion of the CourtMorton, J.
We cannot say that the Duff estate was so unlike the estate of the petitioners’ testator that the price paid for it would furnish no criterion as to the value of the latter, and that the ruling admitting it was clearly wrong, as it must appear to have been in order to justify us in holding that the discretion of the presiding judge was improperly exercised. Paine v. Boston, 4 Allen, 168. Shattuck v. Stoneham Branch Railroad, 6 Allen, 115. Patch v. Boston, 146 Mass. 52.
It does not appear that the introduction of electric cars had affected prices so much, or that the general rise in values had…
2Cases cited5 opinions
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
- May v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Benham v. DunbarMassachusetts Supreme Judicial Court · 1869
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
- Cole v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1959
- Peabody v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Connor v. Metropolitan District Water Supply CommissionMassachusetts Supreme Judicial Court · 1943
- Mowry v. City of BostonMassachusetts Supreme Judicial Court · 1899
3 more not listed; retrieve them via the Exa API.