McNamara v. Commonwealth
Massachusetts Supreme Judicial Court
‘ Petition, filed June 3, and amended June 22 and November 5, 1901, for the assessment of damages under St. 1895, c. 488, § 14. The case came on to be heard before Lathrop, J., upon the report of commissioners theretofore appointed, and by agreement of the parties was reserved for the consideration of the full court, such order and disposition of the case to be made as to the full court should seem meet.
1Opinion of the CourtKnowlton, C. J.
The petitioner seeks to recover damage to his property under that clause of St. 1895, c. 488, § 14, which gives compensation to the owner of any real estate not taken but directly or indirectly decreased in value by the doings of the metropolitan water board, situated between certain lines in the town of Clinton. His estate contains about fifty square rods, with three tenement houses and sheds thereon. A part of it lies inside and a part outside of the boundaries given in the statute. The first question is whether he is entitled to damage to his entire estate or only damage to that part of it…
2Cases cited10 opinions
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
- Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887
- Burnett v. CommonwealthMassachusetts Supreme Judicial Court · 1897
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3Cited by4 opinions
- Sullivan v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- United States Gypsum Co. v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1964
- Holbrook v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1958