Legal Opinion

Hay v. Commonwealth

Massachusetts Supreme Judicial Court

Decided May 21, 1903PublishedCited by 13 opinions

Petition, filed April 18, 1901, for an assessment of certain real estate of the petitioner in Nahant, taken in fee by the metropolitan park commissioners under St. 1894, c. 288, and St. 1895, c. 450. In the Superior Court the case was tried before Wait, J. The jury found the value of the real estate at the date of the taking to be $11,126. The taking was on September 26, 1900, but the petitioner was allowed to occupy the premises as a dwelling and as a place for building and…

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Petition, filed April 18, 1901, for an assessment of certain real estate of the petitioner in Nahant, taken in fee by the metropolitan park commissioners under St. 1894, c. 288, and St. 1895, c. 450. In the Superior Court the case was tried before Wait, J. The jury found the value of the real estate at the date of the taking to be $11,126. The taking was on September 26, 1900, but the petitioner was allowed to occupy the premises as a dwelling and as a place for building and storing boats until July 25, 1901, when he was required to remove and did remove from the premises. The judge made the…

1Opinion of the CourtMorton, J.

The question in this case is whether the petitioner is entitled to interest from the date of the taking which was September 26, 1900, or from the date on which he was required to remove and did remove from the premises which was July 25, 1901. The judge ruled that he was entitled to interest only from the latter date, and at the request of the petitioner reported the question for the determination of this court. If the petitioner is entitled to interest from the earlier date the sum of $1,385.19 is to be added to the verdict, and if from the latter date the sum of $830.74 is to be added to…

2Cases cited8 opinions

  1. Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
  2. Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
  3. Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
  4. Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
  5. Pegler v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1900

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3Cited by13 opinions

  1. Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
  2. Appeal of PhillipsSupreme Court of Connecticut · 1931
  3. Peabody v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
  4. Hellen v. City of MedfordMassachusetts Supreme Judicial Court · 1905
  5. Mugar v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1990

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