McSweeney v. Commonwealth

This is a petition for the assessment of damages alleged .to have been occasioned to the land of the petitioners in Ever.ett by the acts of the metropolitan park commission in taking certain land and constructing a parkway thereon, under the St. of 1894, c. 288, and the St. of 1895, c. 450. At the close of the petitioners’ evidence, the jury were directed to return a verdict for the respondent; and the case is before us on the petitioners’ exceptions to this ruling.

No part of the petitioners’ land was taken by the park commissioners, but a portion of the adjoining lot was taken up to within a…