Green v. City of Fall River
Massachusetts Supreme Judicial Court
Petition to the county commissioners, for a jury to assess the damages done to the premises of the petitioner, by the widening of Pleasant Street, in November, 1871. At the trial before a sheriff’s jury, the petitioner, for the purpose of proving the value of the land taken in the widening complained of, called as a witness an auctioneer and real estate broker of large experience, who testified on the direct examination that the premises claimed by the petitioner were worth…
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Petition to the county commissioners, for a jury to assess the damages done to the premises of the petitioner, by the widening of Pleasant Street, in November, 1871. At the trial before a sheriff’s jury, the petitioner, for the purpose of proving the value of the land taken in the widening complained of, called as a witness an auctioneer and real estate broker of large experience, who testified on the direct examination that the premises claimed by the petitioner were worth eight dollars a square foot; the respondent asked him in cross-examination what was paid in 1870 for certain land in…
1Opinion of the CourtGray, C. J.
It was within the discretion of the officer presiding at the trial to exclude the evidence of sales of other lands in 1870, as too remote in point of time to have any material bearing upon the value of the land in question at the time of the taking in November, 1871. Shattuck v. Stoneham Branch Railroad Co. 6 Allen, 115. Presbrey v. Old Colony Newport Railroad Co. 103 Mass. 1.
The betterment act of 1871, c. 382, § 1, does not repeal the provision of the highway act, Gen. Sts. c. 43, § 16; but secures the land-owner from being twice charged for the same benefit, by providing that, in assessing…
2Cases cited3 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
- Chase v. City of WorcesterMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
- City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
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