Pegler v. Inhabitants of Hyde Park
Massachusetts Supreme Judicial Court
Petition, to the Superior Court, for a jury to assess damages for the taking of a leasehold estate in property used for greenhouses. The lease was for the term of five years from November 1,1896, and the taking was on May 7,1897. The petitioner vacated the premises on March 31,1898, by reason of the taking, and on April 1,1898, made an agreement with the lessor whereby the lease was cancelled.
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Petition, to the Superior Court, for a jury to assess damages for the taking of a leasehold estate in property used for greenhouses. The lease was for the term of five years from November 1,1896, and the taking was on May 7,1897. The petitioner vacated the premises on March 31,1898, by reason of the taking, and on April 1,1898, made an agreement with the lessor whereby the lease was cancelled. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for the petitioner ; and the respondent alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The petitioner’s leasehold estate in property used for greenhouses was taken under St. 1896, c. 257, and 1890, c. 428. Under § 5 of this last statute, as amended by St. 1891, c. 123, the damages are to be determined “in the same manner and under like rules of law as damages may be determined when occasioned by the taking of land for the locating and laying out of railroads and public ways, respectively, in such city or town.” This land was taken for a way.
The evidence of the value of the plants, flowers, and potted soil of the petitioner on the premises, and of the amount of business done by…
2Cases cited5 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- Teele v. City of BostonMassachusetts Supreme Judicial Court · 1896
- Imbescheid v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
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- Bales v. Wichita Midland Valley RailroadSupreme Court of Kansas · 1914
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
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