Legal Opinion

Manning v. City of Lowell

Massachusetts Supreme Judicial Court

Decided March 4, 1899PublishedCited by 26 opinions

Petition to the Superior Court for a jury to assess damages for the taking of the petitioner’s land by the respondent city, acting under the authority of St. 1891, c. 337, for the enlargement of a burial ground. At the trial, before Bishop, J., the jury returned a verdict for the petitioner; and he alleged exceptions, which appear in the opinion.

1Opinion of the CourtLathrop, J.

The petitioner’s land was taken on September 8, 1891, by the respondent, acting under the authority conferred upon it by the St. of 1891, c. 337, for the enlargement of a burial ground. The petitioner, being dissatisfied with the damages awarded him in the Superior Court, has brought to this court various exceptions which relate to the admission or exclusion of evidence.

1. The first exception relates to the refusal of the court to allow one Dix to testify as to the value of the land in question. The petitioner’s land was situated in Lowell, a few hundred feet from the boundary line between…

2Cases cited11 opinions

  1. Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
  2. Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
  3. Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
  4. Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
  5. Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868

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3Cited by26 opinions

  1. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  2. General Electric Co. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1984
  3. Eldridge v. BartonMassachusetts Supreme Judicial Court · 1919
  4. Maher v. CommonwealthMassachusetts Supreme Judicial Court · 1935
  5. Brush Hill Development, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1959

21 more not listed; retrieve them via the Exa API.

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