Averill v. City of Boston
Massachusetts Supreme Judicial Court
Three actions oe contract against the city of Boston for awards made by the street commissioners of that city for damages from the laying out of Queensberry Street and Jersey Street. Writs dated December 28, 1905. In each of the cases the answer, among other matters, set up the statute of limitations.
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Three actions oe contract against the city of Boston for awards made by the street commissioners of that city for damages from the laying out of Queensberry Street and Jersey Street. Writs dated December 28, 1905. In each of the cases the answer, among other matters, set up the statute of limitations. In the Superior Court the cases came on to be heard together before Fessenden, J. In the first case, in which the plaintiffs, as trustees, claimed damages from the laying out of Queensberry Street, he ruled pro forma that the plaintiffs were entitled to judgment for the sum of $8,829 with…
1Opinion of the CourtKnowlton, C. J.
These are actions-at law to recover in each case the amount of an award in favor of the plaintiffs, for the taking of land for a public street. Two of the cases relate to land taken for one street and the other relates to land taken for another street. One of the streets was laid out and ordered constructed on July 15, 1897, and the other on July 15, 1898. The land taken for each street was entered upon and the work of construction was begun on September 22, 1898. Apart from the contracts hereinafter referred to, the award in each case became payable on that day. R L. c. 48, § 13. Aspinwall…
2Cases cited3 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- City of Springfield v. HarrisMassachusetts Supreme Judicial Court · 1871
- Aspinwall v. City of BostonMassachusetts Supreme Judicial Court · 1906
3Cited by4 opinions
- Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Moody v. Town of WeymouthMassachusetts Supreme Judicial Court · 1931
- David v. Southern Farm Bureau Casualty Insurance Co.Louisiana Court of Appeal · 1960
- Burrage v. City of BostonMassachusetts Supreme Judicial Court · 1908