Dudley v. Inhabitants of Milton
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess damages for the taking of land by the respondent, for the widening of Brook Road in Milton. Trial in the Superior Court, before Richardson, J., who reported the case for the consideration of this court upon a certain ruling stated in the opinion; and the petitioners alleged exceptions. If the ruling was right, judgment was to be entered for the petitioners for $1,765.82; otherwise for $2,472.06 and interest.
1Opinion of the CourtHolmes, C. J.
This is a petition for the assessment of damages caused by the taking of land for the widening of a *168road in Milton. Land was taken on one side of the road from a lot upon which stood the petitioners’ house, and on the opposite side from a lot upon which was a barn. At the trial the judge ruled that the petitioners had failed to prove their title to the last mentioned parcel, and could not recover any damages for the taking. The petitioners excepted. The history of the title was this: In September, 1880, both lots were conveyed to Mary S. Dudley, under whom the petitioners claim. Two years…
2Cases cited3 opinions
- Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873
- Bridge v. BridgeMassachusetts Supreme Judicial Court · 1888
- Melcher v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Bacon v. KennesonMassachusetts Supreme Judicial Court · 1935
- In re the Construction of the Will of StephanNew York Surrogate's Court · 1950
- Fontaine v. AmelotteMassachusetts Land Court · 1907