Maynard v. City of Northampton
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages caused by the taking by the respondent city of land of the petitioners for the laying of a sewer, under the St. of 1888, c. 354, entitled “ An Act to establish a board of sewer commissioners for the city of Northampton.” At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the petitioners; and the respondent alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The only exception in this case is to the admission in evidence of testimony of what would be the cost of a building such as the lot taken by the city for a sewer was adapted to receive. In determining the damages in cases of this kind the jury should consider not only the value of the property taken, but also the effect of the taking upon that which is left; and in estimating the value of that which is taken they may consider all the uses to which it might properly have been applied if it had not been taken. In like manner, the effect on that which is left should be estimated in reference to…
2Cases cited5 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Eastern Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1872
- Chase v. City of WorcesterMassachusetts Supreme Judicial Court · 1871
3Cited by34 opinions
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
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