Parks v. County of Hampden
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to widen North Elm Street in Westfield. At the trial, before a sheriff’s jury, the respondent, by way of set-off to the petitioners’ claim for damages, offered to prove that the remaining land and premises of the petitioners had been benefited by the widening of the street, by giving a broader and handsomer avenue iu front of them, and by making them more convenient.
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Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to widen North Elm Street in Westfield. At the trial, before a sheriff’s jury, the respondent, by way of set-off to the petitioners’ claim for damages, offered to prove that the remaining land and premises of the petitioners had been benefited by the widening of the street, by giving a broader and handsomer avenue iu front of them, and by making them more convenient. The respondent’s counsel also asked certain witnesses, whose adequate knowledge was not questioned, “ What in their…
1Opinion of the CourtEndicott, J.
The respondent offered to prove that the estates of the petitioner had been benefited by the widening; but admitted that it did not expect to show any benefits except such as accrued to them in common with other abutters on the same street. The sheriff ruled that the respondent might introduce evidence of direct and special benefits peculiar to tne lands in question, but could not put in evidence of benefits of a general character common to all the lands upon the street. This ruling was correct. Direct and special benefits may be set *397off; but benefits common to all owners in the same street…
2Cases cited1 opinion
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Cross v. County of PlymouthMassachusetts Supreme Judicial Court · 1878
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Sears v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Faulkner v. City of NashvilleTennessee Supreme Court · 1926
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