Universal Container Corp. v. City of Cambridge

This is a petition for assessment of damages under G. L. c. 79, §§ 14, 22, for the taking by the respondent (the city) of the petitioner’s leasehold. The case was submitted, jury waived, upon the pleadings, a statement of agreed facts, and exhibits, amounting to a case stated. The judge found for the respondent, and the petitioner appeals under G. L. c. 231, § 96, treating the finding as an order for judgment.

We summarize the agreed facts. The city, by an instrument dated August 19, 1968, made a taking of land. Some of the land belonged to one Chapper, and the petitioner was then the sole…