Earle v. Commonwealth
Massachusetts Supreme Judicial Court
Petition for an assessment of damages under St. 1895, c. 488, § 14, alleging that the petitioner had on April 1, 1895, an established business on land in the town of West Boylston as a practising physician and surgeon, which was greatly decreased in value by the carrying out of the act, filed February 8, 1899. The case came on to be heard before Loring, J., upon the report of commissioners theretofore appointed to hear and report upon it, and by agreement of the parties the…
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Petition for an assessment of damages under St. 1895, c. 488, § 14, alleging that the petitioner had on April 1, 1895, an established business on land in the town of West Boylston as a practising physician and surgeon, which was greatly decreased in value by the carrying out of the act, filed February 8, 1899. The case came on to be heard before Loring, J., upon the report of commissioners theretofore appointed to hear and report upon it, and by agreement of the parties the justice reserved the case for the consideration of the full court, such judgment to be entered as the court should deem…
1Opinion of the CourtHolmes, C. J.
This is a petition brought by a practising physician to recover for damage to his business by the carrying out of the metropolitan water supply act. St. 1895, c. 488, § 14. The case was referred to a commission. It reports that the plaintiff lived and had his office in West Boylston and had a practice which extended through that and some neighboring towns. The taking of land at West Boylston necessarily affected his business to a considerable extent, and the .damages are assessed at alternative sums according to the rules suggested by the plaintiff and defendant respectively. The questions of…
2Cases cited7 opinions
- United States v. Realty Co.Supreme Court of the United States · 1896
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1900
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3Cited by24 opinions
- Mitchell v. United StatesSupreme Court of the United States · 1925
- Joslin Manufacturing Co. v. City of ProvidenceSupreme Court of the United States · 1923
- Arens v. Village of RogersSupreme Court of Minnesota · 1953
- Ayer v. Commissioners on Height of BuildingsMassachusetts Supreme Judicial Court · 1922
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
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