Legal Opinion

O'Malley v. Commonwealth

Massachusetts Supreme Judicial Court

Decided October 30, 1902PublishedCited by 27 opinions

Petition, filed June 3, 1901, under St. 1895, c. 488, § 13, for damages from a change of grade and alteration of Boylston Street in the town of Clinton. In the Superior Court before Grashill, J. the jury assessed damages in the sum of $1,250.49; and the petitioner alleged exceptions, raising the questions stated by the court.

1Opinion of the CourtHolmes, C. J.

This is a petition for the assessment of damages caused by a change of grade and other alterations in Boylston Street in Clinton, opposite to the petitioner’s land. St. 1895, c. 488, § 13. The case comes here on two exceptions taken by the petitioner on questions of evidence relating to damages.

1. An expert called by the petitioner having testified as to the va-Iue of the petitioner’s property and the depreciation of it, was asked by the petitioner whether he had taken into consideration in his appraisal the sales and the number of sales in that vicinity. The judge called attention to the…

2Cases cited8 opinions

  1. Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
  2. Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
  3. Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1890
  4. Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
  5. Pierce v. City of BostonMassachusetts Supreme Judicial Court · 1895

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3Cited by27 opinions

  1. Albert Hanson Lumber Co. v. United StatesSupreme Court of the United States · 1923
  2. United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
  3. Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
  4. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  5. Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916

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