Providence & Worcester Railroad v. City of Worcester
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the St. of 1886, c. 331, § 2,* for a jury to assess damages caused by the taking by the respondent city of land of the petitioner.
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Petition to the Superior Court, under the St. of 1886, c. 331, § 2,* for a jury to assess damages caused by the taking by the respondent city of land of the petitioner. Trial before Staples, J., who excluded certain evidence offered by the petitioner, and refused to give certain instructions requested by it, and, after a verdict assessing the petitioner’s damages at the request of the petitioner which was dissatisfied with the amount thereof, reported the case for the determination of this court. If the evidence excluded, so far as material, should have been admitted, or the instructions…
1Opinion of the CourtBarker, J.
This was an assessment, by a jury in the Superior Court, of damages for the taking, on October 9, 1888, of land for the construction of sewage works under the St. of 1886, c. 331.
In the land taken were some 74,500 cubic feet of gravel, such as was sold in market by the yard, and suitable for the construction of the works which the city had in fact built upon the land after the taking.
The petitioner’s railroad extends from Worcester through a considerable section of this State and of Rhode Island, to Providence. The petitioner owned adjoining land not taken, of similar material, and was…
2Cases cited4 opinions
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Randall v. ChaseMassachusetts Supreme Judicial Court · 1882
- Eldridge v. HawleyMassachusetts Supreme Judicial Court · 1874
3Cited by41 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Maher v. CommonwealthMassachusetts Supreme Judicial Court · 1935
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
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