Williams v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, for the assessment of damages for the loss of improvements made by the petitioner, a life tenant, upon real estate which had been taken by the State House Construction Commissioners under the right of eminent domain.
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Petition, for the assessment of damages for the loss of improvements made by the petitioner, a life tenant, upon real estate which had been taken by the State House Construction Commissioners under the right of eminent domain. The petition alleged that the petitioner was the life tenant of certain premises on Mount Vernon Street, in Boston, which had been taken by the State House Construction Commissioners under the authprity of St. 1894, c. 532 ; that the petitioner had at various times made improvements on the premises, which were necessary and convenient for him in his profession, of which…
1Opinion of the CourtMobton, J.
The character of the improvements does not appear very clearly from the petition, or from the agreed facts. Some things which the petitioner did, the putting in of the bay windows, for instance, must have constituted a part of the realty, and as such must have been included in the market value, though it is agreed that they did not enhance it. To allow the petitioner damages, therefore, on account of them, would be compelling the Commonwealth to pay twice, which no construction of Pub. Sts. c. 49, § 27, on which the petitioner relies, would justify. So far as the improvements come within the…
2Cases cited3 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1884
3Cited by10 opinions
- New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Bailey v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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