Chandler v. Jamaica Pond Aqueduct Corp.
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess damages sustained by the petitioners by reason of the taking, on April 28, 1870, by the respondent, under the St. of 1868, e. 182, of about 100,000 feet of land in West Roxbury.
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Petition to the Superior Court for a jury to assess damages sustained by the petitioners by reason of the taking, on April 28, 1870, by the respondent, under the St. of 1868, e. 182, of about 100,000 feet of land in West Roxbury. At the trial, before Wilkinson, J., the petitioners called witnesses as to the character and value of the land, who testified that, at the time of the taking, the land did not front upon any street, being surrounded upon two sides by land of the respondent, upon the third side by land of one Nickerson, and upon the fourth side by a parcel of land owned by the…
1Opinion of the CourtGray, C. J.
In estimating the value of a lot of land taken for a public use, actual sales of similar lands in the vicinity, about or before the time of such taking, are admissible in evidence ; and the question whether such other lands are sufficiently like the land taken, and such sales sufficiently near in point of time, to make the evidence competent, is largely within the discretion of the judge or officer presiding at the trial *307Shattuck v. Stoneham Branch Railroad, 6 Allen, 115. Benham v. Dunbar, 103 Mass. 365. Green v. Fall River, 113 Mass. 262.
But Ms discretion in tMs respect is not unlimited. If…
2Cases cited3 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Benham v. DunbarMassachusetts Supreme Judicial Court · 1869
- Green v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
3Cited by27 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Cohn v. City & Town of HartfordSupreme Court of Connecticut · 1944
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
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