Hellen v. City of Medford
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court for the county of Middle-sex on October 15,1900, under St. 1882, c. 154, § 5, for the assessment by a jury of damages for the taking of certain land of the petitioner on the Mystic River for a portion of a park. Dana B. Cutter, the lessee of the land at the time of the taking, was cited into the case by the petitioner Hellen.
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Petition, filed in the Superior Court for the county of Middle-sex on October 15,1900, under St. 1882, c. 154, § 5, for the assessment by a jury of damages for the taking of certain land of the petitioner on the Mystic River for a portion of a park. Dana B. Cutter, the lessee of the land at the time of the taking, was cited into the case by the petitioner Hellen. At the trial in the Superior Court Sherman, J. ordered a verdict for the petitioner Hellen in the sum of $1,159.25, $1,000 being the damage found by the jury and $159.25 the interest thereon. At the request of the petitioner Hellen…
1Opinion of the CourtHammond, J.
Under the authority of St. 1882, c. 154, § 3, the park commissioners of Medford took certain land, and on November 29, 1899, filed a certificate as required by the fourth section. No entry ever was made upon the land. The taking was simply on paper. By virtue of the proceedings, however, the respondent became the owner in fee of the land and was bound to pay to those whose estate had been taken the damages respectively suffered by them. St. 1882, c. 154, §§ 3, 6. Hay v. Commonwealth, 183 Mass. 294. At the time of the taking the land was owned by the petitioner Hellen in fee subject to an…
2Cases cited5 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Burnett v. CommonwealthMassachusetts Supreme Judicial Court · 1897
- Hay v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- Page v. O'TooleMassachusetts Supreme Judicial Court · 1887
- Titus v. City of BostonMassachusetts Supreme Judicial Court · 1894
3Cited by19 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Welton v. HamiltonIllinois Supreme Court · 1931
- Kahlen v. . State of New YorkNew York Court of Appeals · 1918
- Salisbury Land & Improvement Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1913
- Riverbank Improvement Co. v. ChadwickMassachusetts Supreme Judicial Court · 1917
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