McGrath v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity against the city of Boston and Maurice O’Connell, alleging that the city had taken, for widening Oliver Street, a parcel of land belonging to O’Connell, and assessed damages therefor; and that the plaintiff had a leasehold interest in said land ; and praying that the city might be ordered to pay him his proportional amount of the damages.
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Bill in equity against the city of Boston and Maurice O’Connell, alleging that the city had taken, for widening Oliver Street, a parcel of land belonging to O’Connell, and assessed damages therefor; and that the plaintiff had a leasehold interest in said land ; and praying that the city might be ordered to pay him his proportional amount of the damages. The case was reserved by Wells, J., for the consideration of the full court on an agreed statemetit of facts, of which the material part was as follows: On October 3,1863, the defendant O’Connell, being the owner of a house on Oliver Street,…
1Opinion of the CourtWells, J.
The plaintiff, in order to entitle himself to damages from the city, or to share in any manner in the amount awarded in gross for the injury to the property in question, by the laying out of the street, must show that, at the time those damages became payable, or at the time the land was entered *371apon for the purpose of constructing the street, he had an estate or interest in the property injured. He claims that he was a tenant for years; and, in support of that claim, relies upon the contract set forth in the agreed facts, as being, in itself, a lease for years. As he was expelled from the…
2Cited by16 opinions
- Kimball v. CrossMassachusetts Supreme Judicial Court · 1884
- Ferguson v. JacksonMassachusetts Supreme Judicial Court · 1902
- Duncklee v. WebberMassachusetts Supreme Judicial Court · 1890
- Weed v. Lindsay & MorganSupreme Court of Georgia · 1892
- Riedel v. Plymouth Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1968
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