Bancroft v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking by the respondent of several parcels of land in the Sparks Street District, so called, in Cambridge, under the St. of 1872, c. 299. At the trial before a sheriff’s jury, a verdict was rendered for the petitioners for less than the amounts respectively claimed by them; the Superior Court on their motion set aside the verdict; and the respondent appealed to this court The facts appear in the…
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Petition to the county commissioners for a jury to assess damages for the taking by the respondent of several parcels of land in the Sparks Street District, so called, in Cambridge, under the St. of 1872, c. 299. At the trial before a sheriff’s jury, a verdict was rendered for the petitioners for less than the amounts respectively claimed by them; the Superior Court on their motion set aside the verdict; and the respondent appealed to this court The facts appear in the opinion.
1Opinion of the CourtColt, J.
The St. of 1872, c. 299, provides that the mayor and aldermen of the cities of Cambridge and Somerville may establish a grade in their respective cities not less than thirteen feet above mean low water, and may from time to time order the owners of lands to raise them to the grade so established, “ with reference to a complete drainage thereof, so as to abate and prevent nuisances, and to preserve the public health.” If the owner fails to comply with the order within six months after service thereof upon him, the board of mayor and aldermen may then raise the grade, as specified in the order,…
2Cases cited10 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
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3Cited by32 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
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