Perley v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition, filed on December 18, 1908, by the owners of Clark Street, an unwrought private way in Waltham, and of land adjacent thereto on both sides, for the assessment of damages resulting from the taking by the city of Cambridge under the power of eminent domain granted by St. 1884, c. 256, of an easement for the laying of a water main.
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Petition, filed on December 18, 1908, by the owners of Clark Street, an unwrought private way in Waltham, and of land adjacent thereto on both sides, for the assessment of damages resulting from the taking by the city of Cambridge under the power of eminent domain granted by St. 1884, c. 256, of an easement for the laying of a water main. In the Superior Court the case was tried before Wait, J. The record states, “The conduit was constructed in said Clark Street by the respondent as trespasser about one year before the taking of the land was made by the respondent.” The trial judge, subject…
1Opinion of the CourtRugg, C. J.
This is a petition for the assessment of damages occasioned by taking an easement for laying a water main by the respondent under the power of eminent domain conferred by St. 1884, c. 256. The petitioners were the owners of the fee of the land within which the easement was taken. It had been “dedicated by the owners of the fee as” a private way called Clark Street in the city of Waltham, but it was unbuilt and was passable for teams only for a portion of its length. It was part of a large tract of land which had been plotted into streets and building lots, some of which had been sold and…
2Cases cited28 opinions
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Searl v. School Dist. No. 2 in Lake Cty.Supreme Court of the United States · 1890
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- Consolidated Turnpike Co. v. Norfolk & Ocean View Railway Co.Supreme Court of the United States · 1913
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
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- Butler v. Haley Greystone Corp.Massachusetts Supreme Judicial Court · 1967
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