Legal Opinion

Wood v. Commissioners of West Boston & Cragie Bridges

Massachusetts Supreme Judicial Court

Decided March 12, 1877PublishedCited by 3 opinions

Petition to the Superior Court for a jury to assess damages for land taken under the St. of 1873, c. 199, for the widening of Cragie or Canal Bridge in Boston.

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Petition to the Superior Court for a jury to assess damages for land taken under the St. of 1873, c. 199, for the widening of Cragie or Canal Bridge in Boston. At the trial, before Bacon, J., it appeared that the order taking the land was passed July 18, 1874. No question was made as to the petitioner’s title to the land taken inside the harbor commissioners’ line, and marked A. on the plan printed in the margin,* and the only question was as to his title to that part of the pier wharf marked B. on the plan ; and the evidence on this point was as follows : On April 20,1840, Jesse P.…

1Opinion of the CourtGray, C. J.

It is unnecessary to consider the sufficiency of die evidence of Edward A. Raymond’s title in the pier wharf, because the deed from his heirs to the petitioner in 1869 did not convey any title therein.

This deed clearly describes the lot conveyed by metes and bounds, one of which is “ northwest by the commissioners’ line; ” and that line, as defined by the St. of 1840, c. 35, § 3, corresponded at this place with the southerly or southeasterly side of the pier wharf, the title to which is in controversy, and with the northerly or northwesterly side of the solid wharf, which is admitted to be…

2Cases cited4 opinions

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  2. Zeller's Lessee v. EckertSupreme Court of the United States · 1846
  3. Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
  4. Murphy v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872

3Cited by3 opinions

  1. Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
  2. Cawley v. JeanMassachusetts Supreme Judicial Court · 1905
  3. Central Wharf & Wet Dock Corp. v. Proprietors of India WharfMassachusetts Supreme Judicial Court · 1878

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