Cobb v. City of Boston
Massachusetts Supreme Judicial Court
Bim. in equity under St. 1867, e. 308, (which empowered the city of Boston to take certain land and raise the grade so as to abate a nuisance,) for the assessment of damages for lands taken by the city on May 9, 1868, under that act.
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Bim. in equity under St. 1867, e. 308, (which empowered the city of Boston to take certain land and raise the grade so as to abate a nuisance,) for the assessment of damages for lands taken by the city on May 9, 1868, under that act. See 109 Mass. 438. Upon the trial by a jury in this court, before Gray, J., of the issue what at the time of the taking was the value of the land of David Cobb, the city solicitor contended the jury could not take into consideration any improvements which were afterward made upon the land, or which it was then supposed might afterward be made upon it. It was…
1Opinion of the CourtWells, J.
The question to be determined in each issue was the market value of the land at the time it was taken by the city.
The petitioner Cobb was not entitled to the advantages, whether real or speculative, which might result from improvements to be made by the city, after taking the land. Neither the fact that such improvements were afterwards made, nor that they were contemplated before the land was actually taken, was competent, as in dependent evidence, to show what the market value was. So far as the market value was in fact affected by the knowledge of what was to be done, or of what was…
2Cited by37 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
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