Emerson v. City of Somerville
Massachusetts Supreme Judicial Court
Petition to the Superior Court, for a jury to assess the damages alleged to have been'caused to the petitioner by the taking by the respondent city, under St. 1891, c. 311, for the purpose of a public park, of certain land with the structures thereon, known as Powder-House Farm. Trial before Bishop, J., who directed the jury to return a verdict for the respondent; and reported the case for the determination of this court.
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Petition to the Superior Court, for a jury to assess the damages alleged to have been'caused to the petitioner by the taking by the respondent city, under St. 1891, c. 311, for the purpose of a public park, of certain land with the structures thereon, known as Powder-House Farm. Trial before Bishop, J., who directed the jury to return a verdict for the respondent; and reported the case for the determination of this court. If the petitioner was entitled to an assessment of damages, the case was to stand for trial; otherwise, judgment was to be entered on the verdict. The facts appear in the…
1Opinion of the CourtHolmes, J.
This is a petition for damages, brought under St. 1891, c. 811, an act authorizing the city of Somerville to lay out a public park. The petitioner makes his claim on the ground that he was the owner of certain buildings upon land conveyed to the city under the act by the legal owners, third persons, which buildings he says must be paid for, even if they were personal property, under the broad provisions of the act. He also takes the further ground that he had an equitable title to the land under the buildings, and to a reasonable curtilage.
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2Cases cited8 opinions
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
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- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- Cowdrey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1884
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