City on Boston v. Talbot
Massachusetts Supreme Judicial Court
Summary process, under R. L. c. 181, by the city of Boston to recover possession of the street floor and upper stories of a building at the corner of Washington Street and Summer Street in Boston, alleged to have been acquired by the plaintiff by a valid taking by the Boston transit commission in connection with the construction of the tunnel under Washington Street and of a station for that tunnel under the corner mentioned.
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Summary process, under R. L. c. 181, by the city of Boston to recover possession of the street floor and upper stories of a building at the corner of Washington Street and Summer Street in Boston, alleged to have been acquired by the plaintiff by a valid taking by the Boston transit commission in connection with the construction of the tunnel under Washington Street and of a station for that tunnel under the corner mentioned. Writ in the Municipal Court of the City of Boston dated December 26, 1907. On appeal "to the Superior Court the case was tried before Aiken, C. J. The taking filed in…
1Opinion of the CourtKnowlton, C. J.
This is an action brought under the E. L. c. 181, to recover possession of real estate at the corner of Washington and Summer Streets in Boston. This property was taken by the Boston transit commission on September 12, 1907, under the St. 1902, c. 534, for the purposes set forth in the act, which is entitled “ An Act to provide for the construction of additional tunnels and subways in the city of Boston.” The principal question raised by the report is whether the taking was valid.
The form of the taking is in perfect compliance with the terms of the statute. It is contended by the defendant…
2Cases cited14 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- United States v. Gettysburg Electric Railway Co.Supreme Court of the United States · 1896
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
- Stockus v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
38 more not listed; retrieve them via the Exa API.