Beals v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to revise a betterment assessment levied by the respondent town upon certain land of the petitioner, under St. 1887, c. 99. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Petition to the Superior Court for a jury to revise a betterment assessment levied by the respondent town upon certain land of the petitioner, under St. 1887, c. 99. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the estate of the petitioner was situated on Harvard Street in the respondent town, and contained about 567,000 square feet; and that the town, acting under St. 1887, c. 99, took 46,600 square feet of the petitioner’s land. Through the petitioner’s land ran a brook known as Smelt…
1Opinion of the CourtHammond, J.
This is a petition for the revision of an assessment levied under St. 1887, c. 99, upon the land of the petitioner, for benefits arising from the improvements of the channel of Smelt Brook. It appeared that for the purpose of making the improvements a part of the land had been taken under the act.
Although in the first part of the trial the court refused to let *17the petitioner put in a certified copy of this taking, yet at the close of the evidence, the respondent consenting, the court said to the counsel for the petitioner that he might read to the jury all of the taking except the part…
2Cases cited5 opinions
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Hilbourne v. County of SuffolkMassachusetts Supreme Judicial Court · 1876
- Carey v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1898
- Verran v. BairdMassachusetts Supreme Judicial Court · 1889
- Bigelow v. City of BostonMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- McKarren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Halloran v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Driscoll v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1911
- Crutchfield v. NashMontana Supreme Court · 1929
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