Freeman v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages caused by the taking of the petitioner’s land and the buildings thereon, for the laying out and extension of Columbus Avenue in the respondent city. Trial before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The petitioner’s land was situated on the northwesterly side of Berlin Street, near the southeasterly terminus of Columbus Avenue, as it existed before the extension.
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Petition to the Superior Court for a jury to assess the damages caused by the taking of the petitioner’s land and the buildings thereon, for the laying out and extension of Columbus Avenue in the respondent city. Trial before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The petitioner’s land was situated on the northwesterly side of Berlin Street, near the southeasterly terminus of Columbus Avenue, as it existed before the extension. The entire parcel of land, with three buildings thereon, was taken by the respondent on January 4,1895. At the time of the taking,…
1Opinion of the CourtHolmes, C. J.
It does not appear that the judge exceeded his powers in refusing a new trial, whether he went on the ground that the newly discovered evidence was only cumulative, or on the ground of its relative importance, or rather unimportance, upon a general view of his whole case. He also may have found that the photograph would be uriinstructive and misleading. See Behan v. Williams, 123 Mass. 366.
Bxceptions overruled with double costs.
2Cases cited1 opinion
- Behan v. WilliamsMassachusetts Supreme Judicial Court · 1877
3Cited by2 opinions
- Powers v. BergmanMassachusetts Supreme Judicial Court · 1911
- Barrett v. O'ConnellMassachusetts Supreme Judicial Court · 1936