Bell v. City of Boston
Massachusetts Supreme Judicial Court
Two petitions, the first brought originally by Joseph M. Bell, and prosecuted, after his decease pending the proceedings, by his executrix, and the second by Samuel E. Brackett and Samuel F. Damon, to recover damages sustained by the taking, for the purpose of 'widening Summer Street in Boston, of land belonging to Bell and leased to Brackett and Damon.
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Two petitions, the first brought originally by Joseph M. Bell, and prosecuted, after his decease pending the proceedings, by his executrix, and the second by Samuel E. Brackett and Samuel F. Damon, to recover damages sustained by the taking, for the purpose of 'widening Summer Street in Boston, of land belonging to Bell and leased to Brackett and Damon. The case was submitted to the judgment of the superior court, and, on appeal, of this court, on facts agreed substantially as follows: On July 25,1848, the land was owned in fee by Joseph Bell, (father of Joseph M. Bell,) and he, with others,…
1Opinion of the CourtWells, J.
1. The first position, advanced by the counsel for the petitioners, is, that the agreement of Joseph Bell was upon conditions precedent, all of which had not been complied with when the land was taken for the street. The provision is : “ On the condition that all the conditions on the part of those who have signed before me are carried into effect and the street widened accordingly.” The “ conditions ” on the part of those *509who had previously signed the agreement, related to the continuance of certain obstructions within the limits of the proposed widening of the street; and, by their very…
2Cases cited4 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
- Lexington & Danville Railroad v. BarbeeCourt of Appeals of Kentucky · 1858
- Howes v. BigelowMassachusetts Supreme Judicial Court · 1816
3Cited by8 opinions
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Aspinwall v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Driscoll v. City of TauntonMassachusetts Supreme Judicial Court · 1894
- Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1907
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