Burt v. Wigglesworth
Massachusetts Supreme Judicial Court
Two PETITIONS filed April 16, 1873, under the St. of 1873, o. 189, § 2, by the agent employed by the United States under said statute, for the valuation of the respondents’ lands, which had been appropriated to the use of the United States for the enlargement of the post-office in Boston. Each respondent filed an answer, admitting all the material allegations of the petition, and requesting to have the assessment made as provided by the statute.
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Two PETITIONS filed April 16, 1873, under the St. of 1873, o. 189, § 2, by the agent employed by the United States under said statute, for the valuation of the respondents’ lands, which had been appropriated to the use of the United States for the enlargement of the post-office in Boston. Each respondent filed an answer, admitting all the material allegations of the petition, and requesting to have the assessment made as provided by the statute. Trial in the Superior Court before Pitman, J., who allowed a bill of exceptions in substance as follows : At a previous hearing before the presiding…
1Opinion of the CourtGray, C. J.
1. It was clearly within the discretion of the presiding ] adge to hold the parties to their agreement to try the two cases together, if indeed it would not have been within his discretion to order such a trial independently of any agreement. St. 1873, e. 189, § 2. Springfield v. Sleeper, 115 Mass. 587.
2. This proceeding is not like an ordinary action at law. Although the petition of the agent of the United States is the first step in the proceeding, nothing is submitted to the jury but the appraisement and valuation of the land to be taken. The af firmative of that issue rests upon the…
2Cases cited6 opinions
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
- Sexton v. Inhabitants of North BridgewaterMassachusetts Supreme Judicial Court · 1874
- Fairbanks v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- City of Springfield v. SleeperMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Wyness v. CrowleyMassachusetts Supreme Judicial Court · 1935
- Tigar v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
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