Legal Opinion

Allen v. Commonwealth

Massachusetts Supreme Judicial Court

Decided May 17, 1905PublishedCited by 26 opinions

Petition, filed in the Supreme Judicial Court for the County of Worcester on May 15,1903, under St. 1895, c. 488, § 14, for the determination of damages, alleging that on April 1, 1895, the petitioner owned an established business on land in the town of West Boylston, which was decreased in value and destroyed by the carrying out of St. 1895, c. 488, and that the petitioner was unable to agree with the board of commissioners appointed under that act as to the amount of…

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Petition, filed in the Supreme Judicial Court for the County of Worcester on May 15,1903, under St. 1895, c. 488, § 14, for the determination of damages, alleging that on April 1, 1895, the petitioner owned an established business on land in the town of West Boylston, which was decreased in value and destroyed by the carrying out of St. 1895, c. 488, and that the petitioner was unable to agree with the board of commissioners appointed under that act as to the amount of damages to be paid for such injury. The commissioners made a report stating the facts which appear in the opinion, and…

1Opinion of the CourtMokton, J.

The question in this case is whether the petitioner owned “an established business on land” within the meaning of St. 1895, c. 488, § 14. So much of the section as is material is as follows: “ In case any individual or firm owning on the first day of April in the year eighteen hundred and ninety-five an established business on land in the town of West Boylston, whether the same shall be taken or not under this act, . . . shall deem that such business is decreased in value by the carrying out of this act, whether by loss of custom or otherwise, and unable to agree with said board as to the…

2Cases cited2 opinions

  1. Earle v. CommonwealthMassachusetts Supreme Judicial Court · 1902
  2. Snow v. SheldonMassachusetts Supreme Judicial Court · 1879

3Cited by26 opinions

  1. Mitchell v. United StatesSupreme Court of the United States · 1925
  2. Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
  3. Roseland v. Phister Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
  4. Carlos A. Quinonez v. National Association of Securities Dealers, Inc.Court of Appeals for the Fifth Circuit · 1976
  5. In Re the Board of Water Supply Ex Rel. City of New YorkNew York Court of Appeals · 1914

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