Marsden v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess the damage done to the premises of the petitioner, by the laying out of Portland Street.
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Petition to the county commissioners for a jury to assess the damage done to the premises of the petitioner, by the laying out of Portland Street. At the trial before the sheriff’s jury it appeared that the petitioner and a shopmate named Cooper agreed to buy a lot of land, and build a house to live in with their families; that on July 6, 1853, they bought a lot of eighty feet front on Washington Street, Cambridgeport; that they tossed a copper for choice, and divided the land in two equal lots, and took separate deeds, each holding one half in severalty; that they then together made a…
1Opinion of the CourtWells, J.
We need not decide precisely what would be the legal or equitable rights of the petitioner, as between himself and the owner of the adjoining premises, because we are of opinion, whatever those rights may be, that he is entitled to his damages from the city, under the acts relating to highways, Gen. Sts. c. 43, *492§§ 14, 16, in accordance with the principles announced in Ashby v. Eastern Railroad Co. 5 Met. 368, 372, and Parker v. Boston & Maine Railroad, 3 Cush. 107,114. Section 16 provides that in estimating the damage sustained, “ regard shall be had to all the damages done to the party,…
2Cited by17 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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