Hunt v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed February 27,1901, for damages for the taking by the metropolitan sewer commissioners under St. 1899, c. 424, of Nut Island in Quincy Bay, connected with Great Hill or Hough’s Neck by a bar of sand and gravel about seven hundred feet long covered by the sea at high tide.
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Petition, filed February 27,1901, for damages for the taking by the metropolitan sewer commissioners under St. 1899, c. 424, of Nut Island in Quincy Bay, connected with Great Hill or Hough’s Neck by a bar of sand and gravel about seven hundred feet long covered by the sea at high tide. At the trial in the Superior Court before Sherman, J., the jury found that the fair market value of Nat Island at the time of the taking on November 3,1900, assuming that there was a right of way over the bar to it, was $9,054.37, and that assuming that there was no such right of way the value was $5,487.50.…
1Opinion of the CourtHammond, J.
It appears frozn the statemezzt of agreed facts that at the time of the proceedings in 1793 to lay out a way, the level of the bar connecting the mainland with the island so called, over which the way was laid out, was above that of mean high water and was covered by the sea only during the high courses of tides. The proceedizzgs therefore were not beyond the jurisdiction of the town, and the way appears to have been legally established. Storer v. Freeman, 6 Mass. 435, 439. Commonwealth v. Charlestown, 1 Pick. 180, 182. Commonwealth v. Roxbury, 9 Gray, 451, 483, 491, and the authorities cited…
2Cases cited3 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Macdonald v. MorrillMassachusetts Supreme Judicial Court · 1891
3Cited by1 opinion
- East Boston Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909