Noble v. City of Boston
Massachusetts Supreme Judicial Court
Petition for a jury to assess the damages suffered by the plaintiff by reason of the defendants’ taking, for the purpose of widening a street, the land and building held by him under a lease from William Sohier. At the-trial in the Superior Court, before Putnam, J., the plaintiff introduced evidence of the taking of the land and build-mg; and that he had occupied the building as an apothecary’s shop.
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Petition for a jury to assess the damages suffered by the plaintiff by reason of the defendants’ taking, for the purpose of widening a street, the land and building held by him under a lease from William Sohier. At the-trial in the Superior Court, before Putnam, J., the plaintiff introduced evidence of the taking of the land and build-mg; and that he had occupied the building as an apothecary’s shop. He then offered evidence tending to show, as part of the damages suffered by him, that he had built up a large local business on that spot; that he could get no other shop in the neighborhood ;…
1Opinion of the CourtWells, J.
The St. of 1869, <?. 438, was not intended to relieve the Superior Court of the responsibility of deciding upon all questions incident to the trial of issues in that court. Questions sometimes arise, early in the progress of a trial, or at its opening, upon which the whole right of recovery may depend; or which may render a proposed defence ineffectual. In such cases, if it appear to the presiding judge to be probable that the decision of those questions would terminate the controversy, and save the court and the parties from the necessity of a further trial of the facts, the statute enables…
2Cases cited1 opinion
- Murphy v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Fidelity & Casualty Co. v. Bodwell Granite Co.Supreme Judicial Court of Maine · 1906
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1912
- Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
- Hand v. NickersonSupreme Judicial Court of Maine · 1953
- VautierMassachusetts Supreme Judicial Court · 1960
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