Cobb v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity by David Cobb in his own behalf, and in behalf of all other persons having estates in the land taken by the defendants under the St. of 1867, e. 308,* alleging that an estate of his had been taken under the statute, and praying that the defendants might be decreed to pay him full compensation therefor.
Read the full summary
Bill in equity by David Cobb in his own behalf, and in behalf of all other persons having estates in the land taken by the defendants under the St. of 1867, e. 308,* alleging that an estate of his had been taken under the statute, and praying that the defendants might be decreed to pay him full compensation therefor. Asahel A. Smith and Mary Ann Smith became parties to the bill, and prayed that the defendants might be decreed to pay for land of hers taken by them, and Edwin M. Montague and Herman Askenasy also became parties, and each prayed for compensation for his land taken by the…
1Opinion of the CourtAmes, J.
The effect of the statute (St. 1867, e. 308) under which these proceedings have been had, is to place the city in the position of a purchaser of the land taken. Dingley v. Boston, 100 Mass. 544, 554. The object of the bill in equity is merely to determine the just and reasonable price that each pro-1 prietor ought to be paid for his separate estate. The words of the statute are that the commissioners are to assess the present value of each parcel of the land, and it is assumed, correctly as we think, by both parties, that the “ present value ” means the value at the time of the taking, and…
2Cases cited2 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
3Cited by28 opinions
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Land Clearance for Redevelopment Corp. v. DoernhoeferSupreme Court of Missouri · 1965
23 more not listed; retrieve them via the Exa API.