Cross v. County of Plymouth
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages occasioned by the taking of a strip of the petitioner’s land, eight feet and a half in depth, for the widening of Main Street in Brockton.
Read the full summary
Petition to the county commissioners for a jury to assess damages occasioned by the taking of a strip of the petitioner’s land, eight feet and a half in depth, for the widening of Main Street in Brockton. At the trial before a sheriff’s jury, there was evidence that the petitioner’s land, which was situated in the business part of the town, was, before the widening, two hundred and forty-one feet deep, and was, to the depth of eighty or one hundred feet from the street, worth from two to three dollars a foot, while the rear portion was of much less value. The respondent requested certain…
1Opinion of the CourtMorton, J.
The respondent makes two objections to the rulings of the officer who presided at the trial before the sheriff’s jury. The first is to the ruling as to the benefits to the petitioner’s estate, which should be deducted, in determining the amount of her damages.
*558The respondent requested that the following instruction be given to the jury: “ 1. In estimating the damages arising from the widening, and the taking of the petitioner’s land therefor, the jury should allow, by way of set-off, the benefit, if any, to her property by reason thereof, meaning not that general benefit from the widening…
2Cases cited2 opinions
- Hilbourne v. County of SuffolkMassachusetts Supreme Judicial Court · 1876
- Parks v. County of HampdenMassachusetts Supreme Judicial Court · 1876
3Cited by18 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
- United States Ex Rel. Tennessee Valley Authority v. Indian Creek Marble Co.District Court, E.D. Tennessee · 1941
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
13 more not listed; retrieve them via the Exa API.