Benton v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition ■ to the Superior Court for a jury to assess the damages for the taking of land of the petitioner by the respondent, under the St. of 1887, c. 18, for the widening of Beacon Street in Brookline.. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove the following facts.
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Petition ■ to the Superior Court for a jury to assess the damages for the taking of land of the petitioner by the respondent, under the St. of 1887, c. 18, for the widening of Beacon Street in Brookline.. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove the following facts. The petitioner’s estate was situated at the corner of Beacon Street and Marion Street in the respondent town, and contained about 45,000 square feet, on which were situated two dwelling-houses and a stable. The portion of the…
1Opinion of the CourtW. Allen, J.
The town of Brookline was authorized by the St. of 1887, c. 18, to alter and widen Beacon Street, a highway in that town. The proceedings, except when otherwise expressly provided by the act, were to be according to the laws applicable to the alteration of town ways, and might be declared to be under the general laws authorizing the assessment of betterments. The location was duly made by the selectmen, and accepted by the town, under the laws authorizing the assessment of betterments. The petitioner had an estate on Beacon Street containing about forty-five thousand square feet of land, on…
2Cases cited11 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
- Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
- State v. BroadbeltCourt of Appeals of Maryland · 1899
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
- Maher v. CommonwealthMassachusetts Supreme Judicial Court · 1935
- Mauvaisterre Drainage & Levee District v. Wabash Railway Co.Illinois Supreme Court · 1921
19 more not listed; retrieve them via the Exa API.