Sweet v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed May 1, 1886, in the Supreme Judicial Court, to recover compensation for four house lots on the corner of Church Street and Pleasant Street in Boston taken by that city on May 9, 1868, under St. 1867, c. 308, authorizing the taking of the territory described in that act, known as the Church Street district, for the purpose of raising its grade and filling it with good materials, to abate a nuisance and for the preservation of the public health.
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Bill in equity, filed May 1, 1886, in the Supreme Judicial Court, to recover compensation for four house lots on the corner of Church Street and Pleasant Street in Boston taken by that city on May 9, 1868, under St. 1867, c. 308, authorizing the taking of the territory described in that act, known as the Church Street district, for the purpose of raising its grade and filling it with good materials, to abate a nuisance and for the preservation of the public health. The answer was filed on April 8, 1887. Issue was joined on October 17,1903. In December, 1903, the case came on to be heard…
1Opinion of the CourtKnowlton, C. J.
This is a bill in equity to recover compensation for land taken by the city of Boston on May 9,1868, under the St. 1867, c. 308.
We need not consider the question whether the plaintiffs were the owners of valuable interests in the property at the time of the taking, for if we assume that they were, and that they have never been divested of these rights except by the taking, we find in their case other insurmountable obstacles to their recovery. The statute authorized the taking of the land for the abatement of a nuisance, and it prescribed for landowners a mode of obtaining compensation for…
2Cases cited10 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1872
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- George v. Town of SaugusMassachusetts Supreme Judicial Court · 1985
- Cioffi v. GuentherMassachusetts Supreme Judicial Court · 1977
- Harlfinger v. MartinMassachusetts Supreme Judicial Court · 2001
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- Weeks v. GraceMassachusetts Supreme Judicial Court · 1907
5 more not listed; retrieve them via the Exa API.