Legal Opinion

Whitney v. City of Boston

Massachusetts Supreme Judicial Court

Decided November 15, 1867PublishedCited by 13 opinions

Petition for an assessment of damages for land taken in extending La Grange Place, in Boston, to Tremont Street. At the trial in the superior court, before Morton, J., the following facts appeared: La Grange Place ran from Washington Street towards Tremont Street, and at right angles therewith, and had dwelling-houses on each side, for its whole length.

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Petition for an assessment of damages for land taken in extending La Grange Place, in Boston, to Tremont Street. At the trial in the superior court, before Morton, J., the following facts appeared: La Grange Place ran from Washington Street towards Tremont Street, and at right angles therewith, and had dwelling-houses on each side, for its whole length. To extend it through to Tremont Street, the respondents took a portion of the petitioners’ estate, fronting on Tremont Street, the whole estate measuring fifty-eight feet on Tremont Street, by one hundred and sixteen feet deep. The area taken…

1Opinion of the Court

By thf Court.

1. We cannot say that the evidence of the witness, who was asked to give his opinion as to the value of the land and buildings taken by the defendants, was erroneously excluded. Although it is competent to offer evidence of the opinions and judgment of witnesses on such a subject, nevertheless it is always necessary tc lay a foundation for this species of *316proof, by first showing that the witnesses have had the means to form an intelligent opinion, derived from an adequate knowledge of the nature and kind of property in controversy, and of its value. In the case at bar, it did not…

2Cited by13 opinions

  1. Lipes v. HandIndiana Supreme Court · 1885
  2. Cribbs v. BenedictSupreme Court of Arkansas · 1897
  3. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
  4. County of Dodge v. AcomNebraska Supreme Court · 1901
  5. Rice v. HartMassachusetts Supreme Judicial Court · 1875

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