Freeman v. City of Boston
Massachusetts Supreme Judicial Court
Petition to recover damages for land and buildings taken in January, 1895, for the extension of Columbus Avenue in Boston, filed January 1, 1896. This case was tried in the Superior Court, before Fessenden, J., and the jury returned a verdict for the petitioner for $12,416.25. The petitioner moved for a new trial on the ground of newly discovered evidence.
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Petition to recover damages for land and buildings taken in January, 1895, for the extension of Columbus Avenue in Boston, filed January 1, 1896. This case was tried in the Superior Court, before Fessenden, J., and the jury returned a verdict for the petitioner for $12,416.25. The petitioner moved for a new trial on the ground of newly discovered evidence. The motion was denied by the judge, who made certain findings and allowed exceptions, whereon it was held by this court, in a decision given January 12, 1900, and reported in 175 Mass. 208, that it did not appear that the judge exceeded his…
1Opinion of the CourtKnowlton, J.
This appeal presents no question of law. The motion for a new trial on the ground of newly discovered evidence was addressed to the discretion of the court, and the - decision of the presiding justice cannot be revised in this court on appeal. Shea v. Lawrence, 1 Allen, 167, 170. Lowell Gas Light Co. v. Bean, 1 Allen, 274. Stetson v. Medford, 109 Mass. 242. Behan v. Williams, 123 Mass. 366. Perry v. Shedd, 159 Mass. 200.
The motion of the respondent that a sum be imposed upon the petitioner to be taxed in the costs of the suit under the Pub. Sts. c. 153, § 7, should be made in the Superior…
2Cases cited3 opinions
- Behan v. WilliamsMassachusetts Supreme Judicial Court · 1877
- Perry v. SheddMassachusetts Supreme Judicial Court · 1893
- Stetson v. Inhabitants of MedfordMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Manning v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hayward v. LangmaidMassachusetts Supreme Judicial Court · 1902
- Bacon v. GeorgeMassachusetts Supreme Judicial Court · 1914
- Zuccaro v. NazzaroMassachusetts Supreme Judicial Court · 1914