City of Boston v. Robbins
Massachusetts Supreme Judicial Court
Wbit of beyiew to reverse a judgment recovered by the defendant in review against the plaintiff in review. Trial in the Superior Court, before Bacon, J., without a jury, who allowed a bill of exceptions in substance as follows : The plaintiff in review having been defaulted in the original suit, now filed an answer to the original declaration, and the case was tried upon the issue thus raised.
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Wbit of beyiew to reverse a judgment recovered by the defendant in review against the plaintiff in review. Trial in the Superior Court, before Bacon, J., without a jury, who allowed a bill of exceptions in substance as follows : The plaintiff in review having been defaulted in the original suit, now filed an answer to the original declaration, and the case was tried upon the issue thus raised. The original suit was brought by Nathan Robbins, trustee, to recover from the plaintiff in review the sum of $8889, being the sum awarded by the board of aldermen to Franklin S. Simonds, Jonathan B.…
1Opinion of the CourtGray, C. J.
The question presented by this case is, in substance, whether, when the owner of land in fee has made a lease thereof for years, before it is taken for the laying out of a highway, entire damages should be assessed, and be paid to a trustee, under the Gen. Sts. c. 43, §§ 17,18, or whether, after ascertaining the total amount of damages, that amount must be apportioned between the parties interested, according to the provisions of §§ 53-58.
The scope and purpose of these statutes may perhaps be better understood by tracing the history of the legislation upon the subject. The earliest…
2Cases cited3 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
3Cited by10 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1879
- Providence, Fall River & Newport Steamboat Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1904
- Pierson v. H. R. Leonard Furniture Co.Michigan Supreme Court · 1934
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