Allen v. City of Charlestown
Massachusetts Supreme Judicial Court
Petition for a jury to assess damages for the taking of land by the respondents to lay out Canal Street in Charlestown. At the trial, before a sheriff’s jury, it appeared from the records of the respondents, that on October 26, 1868, the board of aldermen of Charlestown ordered that portions of the land of the petitioner, of the land of Nathan E. Fitz, and of the land of certain other persons, should be taken for the purpose of laying out Canal Street, and “ that the…
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Petition for a jury to assess damages for the taking of land by the respondents to lay out Canal Street in Charlestown. At the trial, before a sheriff’s jury, it appeared from the records of the respondents, that on October 26, 1868, the board of aldermen of Charlestown ordered that portions of the land of the petitioner, of the land of Nathan E. Fitz, and of the land of certain other persons, should be taken for the purpose of laying out Canal Street, and “ that the committee on laying out streets estimate the damages and betterments arising from the laying out of Canal Street as aforesaid;…
1Opinion of the CourtWells, J.
The verdict in this case was set aside, upon the objection of the respondent, that the jury were not allowed to make proper deductions, from the damages, on account of benefits to the property of the petitioner by reason of the location of the new way.
It appears by the report of the case, that the jury were instructed that “if all or nearly all the other estates abutting on the street are benefited in a similar manner, then such benefit is not special or peculiar to the estate of the petitioner, and'the amount of such benefit cannot be deducted by the jury from the damages sustained by him in…
2Cited by34 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
- Louisiana Highway Commission v. GreySupreme Court of Louisiana · 1941
- Lipes v. HandIndiana Supreme Court · 1885
- United States Ex Rel. Tennessee Valley Authority v. Indian Creek Marble Co.District Court, E.D. Tennessee · 1941
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