Legal Opinion

Burnett v. City of Boston

Massachusetts Supreme Judicial Court

Decided April 1, 1899PublishedCited by 6 opinions

Petition to the Superior Court, for the appointment of commissioners to assess damages for the taking of land in South-borough, under St. 1872, c. 177, § 5. At the hearing, before Graskill, J., it was agreed or proved that the city of Boston had taken the land of the petitioners, as described in the petition, by a taking in writing which was put in evidence by the respondent, and which was recorded in the registry of deeds, the recital of the purpose and authority under…

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Petition to the Superior Court, for the appointment of commissioners to assess damages for the taking of land in South-borough, under St. 1872, c. 177, § 5. At the hearing, before Graskill, J., it was agreed or proved that the city of Boston had taken the land of the petitioners, as described in the petition, by a taking in writing which was put in evidence by the respondent, and which was recorded in the registry of deeds, the recital of the purpose and authority under which the taking was made being as follows: “ Know all men by these presents that the city of Boston, by the Boston Water…

1Opinion of the CourtKnowlton, J.

The St. of 1894, c. 108, gives the city of Boston new and enlarged rights to take water for the use of its inhabitants. It ratifies and confirms the agreement made by the Boston Water Board, acting for the city of Boston, and a committee of the town of Southborough, acting for the inhabitants of Southborough. This agreement was made in contemplation of the construction of extensive works for the accumulation and distribution of water, which would make it necessary to discontinue certain highways and town ways, to alter very materially certain others, and to construct new ones. It also…

2Cases cited2 opinions

  1. Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
  2. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895

3Cited by6 opinions

  1. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  2. City on Boston v. TalbotMassachusetts Supreme Judicial Court · 1910
  3. Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
  4. Hayford v. Municipal OfficersSupreme Judicial Court of Maine · 1907
  5. N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914

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