Johnson v. City of Lowell
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on November 12, 1919, for the assessment by a jury of damages resulting to the petitioners from the taking by the respondent for the purpose of protecting and increasing its water supply for domestic use of approximately three hundred and ninety-two thousand, eight hundred and sixty-six square feet of land of the petitioners, bounded in part by the Pawtucket Boulevard, the Old Ferry Road and other land of the respondent.
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Petition, filed in the Superior Court on November 12, 1919, for the assessment by a jury of damages resulting to the petitioners from the taking by the respondent for the purpose of protecting and increasing its water supply for domestic use of approximately three hundred and ninety-two thousand, eight hundred and sixty-six square feet of land of the petitioners, bounded in part by the Pawtucket Boulevard, the Old Ferry Road and other land of the respondent. In the Superior Court, the petition was tried before Fosdich, J. One Simon B. Harris, referred to in the opinion as “the petitioner’s…
1Opinion of the CourtBraley, J.
This was a petition for the assessment of damages for taking the petitioners’ land for the purpose of protecting and increasing the city’s water supply for domestic use.
The land having been subject to mortgages which the petition failed to show with the name of the mortgagee, the respondent *548at the close of the evidence moved for a ruling that the petitioners "cannot have damages assessed in this action.” It was said in Bates v. Boston Elevated Railway, 187 Mass. 328, 337, “Where land taken or otherwise affected by the exercise of eminent domain is under a mortgage or mortgages when…
2Cases cited20 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Koplan v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1900
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1890
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- General Electric Co. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1984
- Campbell v. ThorntonMassachusetts Supreme Judicial Court · 1975
- Ramacorti v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1960
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