Lawrence v. City of Boston
Massachusetts Supreme Judicial Court
Two petitions to the Superior Court under the St. of 1871, c. 382, § 7, for a jury to assess damages for the taking by the respondent of the land on which the Boston Post building stood, on the corner of Water Street and Devonshire Street, in Boston, to widen Water Street, the petitioners having a leasehold estate therein.
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Two petitions to the Superior Court under the St. of 1871, c. 382, § 7, for a jury to assess damages for the taking by the respondent of the land on which the Boston Post building stood, on the corner of Water Street and Devonshire Street, in Boston, to widen Water Street, the petitioners having a leasehold estate therein. Trial in the Superior Court, before Putnam,, J., who allowed a bill of exceptions in substance as follows: The land and building belonged to James H. Beals and others. The petitioner Lawrence held a lease from them of a store on the first story on Water Street, which would…
1Opinion of the CourtGray, C. J.
Beals was not a party to the record. He defended this suit, not by reason of any relation to the city, or liability for the act for which this suit was brought, when that act was done , but by virtue of a subsequent contract between himself and the city. His previous declarations, made when his interests were adverse to those of the city, were not admissible in evidence, except to contradict him; and not being offered for that purpose, they were rightly excluded.
The question whether Freeland was qualified to testify to his opinion of the value of the premises was within the discretion of the…
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