Towne v. City of Newton
Massachusetts Supreme Judicial Court
Petition for a jury to assess the damages for the taking of the petitioner’s land by the respondent city for a public street. At the trial in the Superior Court, before Dunbar, J., the jury returned a verdict for the petitioner ; and the respondent alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The respondent city laid out a street or boulevard one hundred and twenty feet wide through the petitioner’s land. On each side of the street, in addition to the land taken for this use, it took a strip eighteen feet in width “ to be used for sloping the bank for said street or public way so far as is necessary therefor.” On the petitioner’s land was a house about fifty-four feet from the outside line of the eighteen foot strip. There was evidence that the land on each side of the street was suitable for building lots. Opposite the dwelling-*312house the grade of the street was about seventeen…
2Cases cited2 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Clark v. City of WorcesterMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Burnett v. CommonwealthMassachusetts Supreme Judicial Court · 1897
- Doon v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1898
- Watson v. WenzMassachusetts Supreme Judicial Court · 1916