Emery v. Boston Terminal Co.
Massachusetts Supreme Judicial Court
Petition by the lessees of Hobbs Wharf in Boston for the assessment of damages alleged to have been suffered from the taking of that wharf by the respondent under St. 1896, c. 516, filed May 5, 1897. At the trial in the Superior Court, before Blodgett, J., it appeared, that the petition was brought by the lessees alone, William W. Manning and S. Welles Holmes, trustees, the lessors and owners of the wharf having made a settlement with the respondent.
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Petition by the lessees of Hobbs Wharf in Boston for the assessment of damages alleged to have been suffered from the taking of that wharf by the respondent under St. 1896, c. 516, filed May 5, 1897. At the trial in the Superior Court, before Blodgett, J., it appeared, that the petition was brought by the lessees alone, William W. Manning and S. Welles Holmes, trustees, the lessors and owners of the wharf having made a settlement with the respondent. The respondent expressly waived all objections to the non-joinder of the owners in the suit, and by the agreement and at the request of all…
1Opinion of the CourtHolmes, C. J.
This is a petition for the assessment of damages caused by the taking of Hobbs Wharf in Boston under the right of eminent domain. The taking was on January 5, 1897. At that time the petitioners were in under a written lease which had been extended to May 1, 1897. The other parties interested have been settled with and there is no question about them. The petitioners offered to show an oral agreement extending their lease for a year more, made before January 5, and a written memorandum of the same made after that date. These were excluded by the court, and the petitioners excepted. The…
2Cases cited11 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Textor v. ShipleyCourt of Appeals of Maryland · 1897
- Mayor of Baltimore v. Rice.Court of Appeals of Maryland · 1891
- Harrison v. DolanMassachusetts Supreme Judicial Court · 1899
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3Cited by70 opinions
- United States v. Petty Motor Co.Supreme Court of the United States · 1946
- A. W. Duckett & Co. v. United StatesSupreme Court of the United States · 1924
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Des Moines Wet Wash Laundry v. City of Des MoinesSupreme Court of Iowa · 1924
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
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