Allen v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for the assessment of damages for land taken, on May 23, 1881, by the respondent, for the extension of Harrison Avenue. The original petitioner was the holder of a second mortgage, upon which about $11,000 is due. Luther Dana, the holder of a first mortgage for $12,000, Dio Lewis, the lessee of the premises, and Alfred A. Marcus, the owner of the equity, appeared in and became parties to the action.
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Petition to the Superior Court for the assessment of damages for land taken, on May 23, 1881, by the respondent, for the extension of Harrison Avenue. The original petitioner was the holder of a second mortgage, upon which about $11,000 is due. Luther Dana, the holder of a first mortgage for $12,000, Dio Lewis, the lessee of the premises, and Alfred A. Marcus, the owner of the equity, appeared in and became parties to the action. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The respondent offered to prove that, in June, 1822, the…
1Opinion of the CourtW. Allen, J.
Evidence that the land was subject to an easement or restriction was clearly competent, and the objection to its admission has not been pressed in the argument.
*321The instructions asked, — “ that the city cannot have the value of the whole estate reduced by any deductions on account of building restrictions. Such restrictions, if they have any value, belong to the party by whom they were created, or his representatives, and if they do not appear and claim them, then the restrictions must be deemed to be waived in favor of the general owner,” — were properly refused. If any right was waived by…
2Cases cited3 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
3Cited by16 opinions
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
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