Legal Opinion

Burrage v. City of Boston

Massachusetts Supreme Judicial Court

Decided May 20, 1908Published

Six actions of contract to recover the damages suffered by the respective plaintiffs, after crediting and deducting betterments as part payment as required by the agreement described in the opinion, in the first three cases from the laying put of Jersey Street and in the last three cases from the laying out of Queensberry Street both in Boston.

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Six actions of contract to recover the damages suffered by the respective plaintiffs, after crediting and deducting betterments as part payment as required by the agreement described in the opinion, in the first three cases from the laying put of Jersey Street and in the last three cases from the laying out of Queensberry Street both in Boston. Writs in the first three cases dated October 1, 1907, and in the last three cases November 27,1907. All of the cases were heard upon the pleadings and agreed statements of facts and the exhibits referred to therein by Schofield, J., who in each of the…

1Opinion of the CourtKnowlton, C. J.

These cases are brought under a form of contract which is the same in all of them, and which has been very fully considered in Aspinwall v. Boston, 197 Mass. 441, Tappan v. Boston, 191 Mass. 441, Averill v. Boston, 193 Mass. 488, and Boston Water Power Co. v. Boston, 194 Mass. 571. The plaintiffs have all affirmed the contracts by their action, and the only question presented is whether they are entitled to interest upon the several sums allowed to them as damages for the taking of their land, before the time when these damages were payable under the terms of the contracts, namely, the time…

2Cases cited5 opinions

  1. Pegler v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1900
  2. Imbescheid v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
  3. Aspinwall v. City of BostonMassachusetts Supreme Judicial Court · 1906
  4. Averill v. City of BostonMassachusetts Supreme Judicial Court · 1907
  5. Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1907

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