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, of a triangular parcel of land at Point Shirley, in Winthrop, containing about 12,450 square feet of upland and 9,000 feet of beach, for the purpose, expressed in the instrument of taking, which was recorded on April 30, 1890, of using the same “…
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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, of a triangular parcel of land at Point Shirley, in Winthrop, containing about 12,450 square feet of upland and 9,000 feet of beach, for the purpose, expressed in the instrument of taking, which was recorded on April 30, 1890, of using the same “ for the construction, maintenance, and operation of an underground sewer, or sewers, syphons, gate-chambers, and…
1Opinion of the CourtHolmes, J.
This case brings before us once more the question of the rule of damages to be applied when land is taken and the purpose for which it is taken is such that adjoining land of the same owners is made less in value. The matter was discussed in the former decision of this case, but we will state our views once more in the hope of making them somewhat clearer.
When the Legislature authorizes something to be done in the neighborhood of a plaintiff’s land which diminishes its value, but which would not be actionable at common law if done by a neighboring owner, if the statute provides no…
2Cases cited22 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Campbell v. United StatesSupreme Court of the United States · 1924
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
40 more not listed; retrieve them via the Exa API.