Legal Opinion

Ladd v. City of Boston

Massachusetts Supreme Judicial Court

Decided June 20, 1890PublishedCited by 44 opinions

Petition to the Superior Court, which, as amended, alleged that the petitioner is, and was on April 20, 1886, the owner ••of land with a dwelling on it, being lot numbered 51, formerly belonging to J. P. Thorndike, as shown on a plan* of lots, dated October 6, 1835, situated in Boston, on Pemberton Square, formerly known as Phillips Place, “ together with the rights, easements, privileges, and appurtenances more particularly hereinafter set forth in and to lots 39, 40, 41,…

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Petition to the Superior Court, which, as amended, alleged that the petitioner is, and was on April 20, 1886, the owner ••of land with a dwelling on it, being lot numbered 51, formerly belonging to J. P. Thorndike, as shown on a plan* of lots, dated October 6, 1835, situated in Boston, on Pemberton Square, formerly known as Phillips Place, “ together with the rights, easements, privileges, and appurtenances more particularly hereinafter set forth in and to lots 39, 40, 41, of division 4, and lots 56, 57, 58, and 59 in division 7, and the six-foot passágeway ” shown on the plan; that the lot…

1Opinion of the CourtHolmes, J.

The ground of the motion to dismiss the petition is, that the petition does not show any taking of any estate of the petitioner for which the city of Boston is liable, and that is the only question upon which we pass. It may be that a separate petition ought to have been filed for each estate taken, but upon that we express no opinion at this stage. Neither do we express any opinion on the question of parties, or upon the effect of a previous petition having been filed in respect of some of the same lots, if such be the fact.

It appears that the petitioner’s predecessor in title and the then…

2Cases cited6 opinions

  1. Beals v. CaseMassachusetts Supreme Judicial Court · 1884
  2. Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
  3. Hogan v. BarryMassachusetts Supreme Judicial Court · 1887
  4. Brooks v. ReynoldsMassachusetts Supreme Judicial Court · 1870
  5. Louisville & Nashville Railroad v. KoelleIllinois Supreme Court · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Allen v. City of DetroitMichigan Supreme Court · 1911
  2. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  3. Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
  4. Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
  5. Town of Stamford v. VuonoSupreme Court of Connecticut · 1928

39 more not listed; retrieve them via the Exa API.

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