Newton v. City of Newton
Massachusetts Supreme Judicial Court
Two PETITIONS, filed October 7, 1902, for damages from the taking of land of the petitioners by the city of Newton under St. 1898, c. 68, for the improvement of Hammond Brook as stated in the opinion. In the Superior Court the eases were tried before Wait, J. The judge instructed the jury that in each case the defendant took not a mere easement but the fee in the petitioners’ land.
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Two PETITIONS, filed October 7, 1902, for damages from the taking of land of the petitioners by the city of Newton under St. 1898, c. 68, for the improvement of Hammond Brook as stated in the opinion. In the Superior Court the eases were tried before Wait, J. The judge instructed the jury that in each case the defendant took not a mere easement but the fee in the petitioners’ land. The jury returned verdicts for both petitioners, in the first case in the sum of $886.82, and in the second case in the sum of $821.24, both sums including interest from the date of the taking. The respondent…
1Opinion of the CourtKnowlton, C. J.
The city of Newton, acting under the St. 1898, c. 63, took lands of the respective petitioners for the purpose of improving one of the brooks in the city. The first section of this statute is as follows: “ The city of Newton for drainage purposes or for the protection of the public health, or both, may within the limits of said city, from time to time, im*227prove the brooks and natural streams flowing in or through said city or any portion thereof, by widening the same, removing obstructions in or over the same, diverting the water, altering the courses or deepening the channels thereof, and the…
2Cases cited9 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Clark v. City of WorcesterMassachusetts Supreme Judicial Court · 1878
- Inhabitants of Rockport v. WebsterMassachusetts Supreme Judicial Court · 1899
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3Cited by14 opinions
- Town of Morganton v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1960
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
- Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Goldfield Consolidated Milling & Transportation Co. v. Old Sandstorm Annex Gold Mining Co.Nevada Supreme Court · 1915
- Weeks v. GraceMassachusetts Supreme Judicial Court · 1907
9 more not listed; retrieve them via the Exa API.