Boston Water Power Co. v. City of Boston
Massachusetts Supreme Judicial Court
Contract by the Boston Water Power Company, a corporation, and Moses Williams and John H. Storer, trustees under certain indentures with that corporation, against the city of Boston for the sum of |35,603 awarded to the corporation as damages from the laying out and construction of Peterborough Street in Boston, with interest from November 16, 1896. Writ dated November 13, 1902. The defendant’s answer in addition to a general denial alleged “ that if any land of the…
Read the full summary
Contract by the Boston Water Power Company, a corporation, and Moses Williams and John H. Storer, trustees under certain indentures with that corporation, against the city of Boston for the sum of |35,603 awarded to the corporation as damages from the laying out and construction of Peterborough Street in Boston, with interest from November 16, 1896. Writ dated November 13, 1902. The defendant’s answer in addition to a general denial alleged “ that if any land of the plaintiffs was taken for a street and a building line established as alleged, no award was made therefor, but said land was…
1Opinion of the Court
Knowlton, 0. J.
This is an action to recover the amount awarded to the plaintiffs as damages for laying out Peterborough Street in Boston, and the interest on the award from December 2,1896, the date when the defendant entered on the plaintiffs’ land to construct the street. Before the adoption of the order by the board of street commissioners, the plaintiffs and others signed and delivered a writing, like that which appears in Aspinwall v. Boston, 191 Mass. 441, 444, and in Averill v. Boston, 193 Mass. 488, 491.
The board of street commissioners laid out the street and the city constructed it…
2Cases cited7 opinions
- Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
- Aspinwall v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Bell v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Driscoll v. City of TauntonMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- Kirchner v. City of PittsfieldMassachusetts Supreme Judicial Court · 1942
- Burrage v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Kirchner v. City of PittsfieldMassachusetts District Court, Appellate Division · 1941