Stone v. Commonwealth
Massachusetts Supreme Judicial Court
Two PETITIONS, filed April 1, 1895, and June 30, 1890, for the assessment of damages for land and flats including a wharf and berth for vessels, taken in behalf of the Commonwealth by the metropolitan sewerage commissioners under St. 1889, c. 439, and St. 1890, c. 270, on June 24, 1893, and July 13, 1895, and for damage to the petitioners’ remaining land not taken.
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Two PETITIONS, filed April 1, 1895, and June 30, 1890, for the assessment of damages for land and flats including a wharf and berth for vessels, taken in behalf of the Commonwealth by the metropolitan sewerage commissioners under St. 1889, c. 439, and St. 1890, c. 270, on June 24, 1893, and July 13, 1895, and for damage to the petitioners’ remaining land not taken. The petitioners were the same or in the same interest in both cases, the second petition relating to the taking of an additional parcel of land and flats adjoining the first taking. At the trial in the Superior Court before…
1Opinion of the CourtHolmes, C. J.
These are petitions for the assessment of damages for land taken under St. 1889, c. 439, and St; 1890, c. 270. The cases come here on exceptions taken by the Commonwealth.
1. The property taken is part of that shown on the plans in Stone v. Stone, 179 Mass. 555, 564, and adjoins Malden bridge. It consisted of land and flats used for a wharf and berth for vessels, and was bordered by a substantial sea wall. The first exception is to the admission of evidence of what this wall was worth by the running foot. If the presiding justice had thought the evidence uninstructive and had excluded it, as…
2Cases cited10 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Davis v. WoodSupreme Court of the United States · 1816
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1884
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3Cited by8 opinions
- Iris v. Town of HinghamMassachusetts Supreme Judicial Court · 1939
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1906
- Bredow v. WollSupreme Court of Connecticut · 1930
3 more not listed; retrieve them via the Exa API.