Boston Water Power Co. v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages sustained by the petitioner by the taking by the respondent of a parcel of land containing sixty-three and one half square feet for the purpose of widening a street.
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Petition to the Superior Court for a jury to assess the damages sustained by the petitioner by the taking by the respondent of a parcel of land containing sixty-three and one half square feet for the purpose of widening a street. The land taken is shown on the plan printed in the margin,* being the small triangular piece enclosed in dotted lines, and marked A. Samuel N. Brown and others also filed a petition alleging that they were owners of the lots of land marked 1 and 2 on the plan, and had, as appurtenant to their lands, rights of way over the land taken by the respondent, and prayed for…
1Opinion of the CourtAmes, J.
The question presented in this case is whether Brown and others have any such interest in the land taken as to entitle them to a share in the damages to be recovered. These petitioners derive their title to lots 1 and 2 from persons who purchased them of the Boston Water Power Company, on June 8,1868, at a sale by auction. The plan made use of at that sale is referred to in the deeds to the purchasers, and is described as recorded with the Suffolk Deeds. It must be considered as making a part of the contract in each case, so far as is necessary to aid in the identification of the lots, and…
2Cases cited1 opinion
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
3Cited by22 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp.Massachusetts Supreme Judicial Court · 1926
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