Sawyer v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages sustained by the petitioner by the taking of four parcels of land, on May 25, 1883, by the board of park commissioners of the city of Boston, under the St. of 1875, c. 185. At the trial, before Brigham, C. J., the jury returned a verdict for the petitioner ; and the respondent alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
1. Evidence of sales of lots situated like the petitioner’s land was not incompetent merely because those were small and the latter large. So far as appears, the petitioner’s land could be cut up and used for house-lots without trouble. We see no reason to doubt that the discretion of the court was *471exercised rightly. Gardner v. Brookline, 127 Mass. 358, 363. Chandler v. Jamaica Pond Aqueduct, 122 Mass. 305.
2. Nor can we say that the exclusion of evidence of the price paid by the city for Fottler’s lands in 1883, which were sold to the city for park purposes, was wrong. The settlement was made…
2Cases cited5 opinions
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- Gardner v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Custy v. City of LowellMassachusetts Supreme Judicial Court · 1875
3Cited by33 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
28 more not listed; retrieve them via the Exa API.