Lyman v. City of Boston
Massachusetts Supreme Judicial Court
Petition for a jury to assess the damages for the taking, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park, under the provisions of St. 1875, c. 185, of a tract of land bordering upon Jamaica Pond, containing 53,566 square feet, with a dwelling-house and stable thereon.
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Petition for a jury to assess the damages for the taking, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park, under the provisions of St. 1875, c. 185, of a tract of land bordering upon Jamaica Pond, containing 53,566 square feet, with a dwelling-house and stable thereon. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the petitioner for $18,704; and the petitioner alleged exceptions, in substance as follows. At the time of the taking, and for more than forty years prior thereto, the premises had been occupied by…
1Opinion of the CourtMorton, J.
1. The questions put by the petitioner to the witness Rice, on cross-examination, whether there were not re*104s frictions upon Ms estate, and whether they did not enter into the price, were excMded, on the ground that the restrictions could only be shown by the production of the deed. Subsequently Mr. Baleh testified at length, without objection, to the state of the title, describing the restrictions, and saying in substance that he never was fully satisfied as to the nature of them, that he did not regard the title as absolutely clear, and that he was content for Rice to take it, and passed it.…
2Cases cited5 opinions
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- Benham v. DunbarMassachusetts Supreme Judicial Court · 1869
- Bristol County Savings Bank v. KeavyMassachusetts Supreme Judicial Court · 1880
- Amory v. Inhabitants of MelroseMassachusetts Supreme Judicial Court · 1895
3Cited by21 opinions
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- McLaughlin v. Board of SelectmenMassachusetts Supreme Judicial Court · 1996
- Iris v. Town of HinghamMassachusetts Supreme Judicial Court · 1939
- Cochrane v. CommonwealthMassachusetts Supreme Judicial Court · 1900
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