Goodyear Shoe Machinery Co. v. Boston Terminal Co.
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under St. 1896, c. 516, to recover damages for the taking of the leasehold estate of the petitioner. The respondent demurred to the petition on the ground that it did not show any legal right in the petitioner to recover damages of the respondent. The Superior Court sustained the demurrer; and the petitioner appealed. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a petition to recover damages for the taking of a leasehold estate by the respondent. It comes here by appeal from a judgment for the respondent upon demurrer. Shortly stated, the facts are as follows. On January 5, 1897, the respondent, being already the owner by purchase of the reversion of the land in question, filed a location under the authority of St. 1896, c. 516, purporting to take in fee (by the right of eminent domain) a tract of land including the premises. Three days later, on January 8, it served a notice on the petitioner that whereas the lease was terminable by the…
2Cases cited8 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
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3Cited by36 opinions
- United States v. Petty Motor Co.Supreme Court of the United States · 1946
- United States v. Honolulu Plantation Co. Honolulu Plantation Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1950
- Dolman v. United States Trust Co.New York Court of Appeals · 1956
- City on Boston v. TalbotMassachusetts Supreme Judicial Court · 1910
- Carroll Weir Funeral Home, Inc. v. MillerOhio Supreme Court · 1965
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