Edmands v. City of Boston
Massachusetts Supreme Judicial Court
Petition by Benjamin F. Edmands and John J. Rayner to the superior court, under the St. of 1866, o. 174,* for a jury to assess the damages occasioned by the taking of a portion of their land and of the four story brick building thereon, by the respondents, for the widening of Hanover Street.
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Petition by Benjamin F. Edmands and John J. Rayner to the superior court, under the St. of 1866, o. 174,* for a jury to assess the damages occasioned by the taking of a portion of their land and of the four story brick building thereon, by the respondents, for the widening of Hanover Street. Trial at April term 1871, before Devens, J., who reported the following case for the determination of this court: The order for taking the petitioners’ land was passed December 31, 1868. At that time the building on the land was occupied by five tenants, each of whom held one room under a written lease…
1Opinion of the CourtWells, J.
The property, for which these damages have been assessed, was taken by the city under the St. of 1866, e. 174. The damages recoverable are defined by § 2 of that statute. By § 3, it is provided that such damages shall be paid to the persons entitled thereto in the same manner and upon the same conditions as is provided by law in other cases of laying out and altering streets.
By the Gen. Sts. c. 43, § 81, the provisions of the foregoing sections of that chapter are made applicable. The several parties having interests in the land at the time it was taken were therefore properly required to…
2Cases cited3 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Drury v. City of BostonMassachusetts Supreme Judicial Court · 1869
3Cited by96 opinions
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930
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