Beale v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess damages for the taking by the respondent city, for a public street, of a tract of land belonging to the petitioner in that part of Boston formerly Dorchester, called Tuttle Street. At the trial, before Hopkins, J., the jury returned a verdict for the respondent; and the petitioner alleged exceptions, which appear in the opinion.
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Petition to the Superior Court for a jury to assess damages for the taking by the respondent city, for a public street, of a tract of land belonging to the petitioner in that part of Boston formerly Dorchester, called Tuttle Street. At the trial, before Hopkins, J., the jury returned a verdict for the respondent; and the petitioner alleged exceptions, which appear in the opinion. The case was argued at the bar in November, 1895, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtAllen, J.
The petitioner had bought a tract of ten acres of land, and laid it out into house lots and streets, one of the streets being called Tuttle Street, which he had built and graded. He had sold various lots, with rights of way and drainage, but with no ownership of the fee in Tuttle Street, and he owned other lots abutting thereon, as well as some other land near by, abutting on another street running from Tuttle Street at right angles.
At the trial, the petitioner, in seeking to prove his damages caused by the taking of Tuttle Street, offered evidence tending to show its value other than the…
2Cases cited16 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
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