Lincoln v. Commonwealth
Massachusetts Supreme Judicial Court
Petition to the Superior Court, for a jury to assess the damages of the petitioner’s testator, Orray A. Taft, for the taking by the Board of Metropolitan Sewerage Commissioners in behalf of the Commonwealth, under St. 1889, c. 439, as amended by St. 1890, c. 270, of a strip of land at Point Shirley, in Winthrop, one thousand feet long and thirty-three feet wide, for the purpose, expressed in the instrument of taking, which was recorded on May 9, 1890, of carrying and…
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Petition to the Superior Court, for a jury to assess the damages of the petitioner’s testator, Orray A. Taft, for the taking by the Board of Metropolitan Sewerage Commissioners in behalf of the Commonwealth, under St. 1889, c. 439, as amended by St. 1890, c. 270, of a strip of land at Point Shirley, in Winthrop, one thousand feet long and thirty-three feet wide, for the purpose, expressed in the instrument of taking, which was recorded on May 9, 1890, of carrying and conducting under the land so taken, and of constructing, operating, and forever maintaining therein, an underground main sewer…
1Opinion of the CourtHolmes, J.
In Taft v. Commonwealth, 158 Mass. 526, there was conflicting evidence as to whether Shirley Street extended across the petitioner Taft’s land before 1875, and the record of a relocation in that year establishing a part of it on Taft’s land was held conclusive against him. At the second trial, all the witnesses agreed that the way over Taft’s land was not known as Shirley Street, and that they never knew of any controversy about it. The records of the town of Winthrop were produced and showed the acceptance in 1868 of a “ street laid out from City Farm to Point Shirley, according to a plan…
2Cases cited13 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
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3Cited by18 opinions
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
- Beals v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1923
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