Benham v. Dunbar
Massachusetts Supreme Judicial Court
Petition under the Sts. of 1868, c. 292, and 1869, c. 7, by-Henry W. Benham and John G. Foster, agents of the United States, for a jury to assess the value of the tract of lowland and flats on Long Island in Boston harbor, consent to the purchase of which by the United States was granted by the first named statute.
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Petition under the Sts. of 1868, c. 292, and 1869, c. 7, by-Henry W. Benham and John G. Foster, agents of the United States, for a jury to assess the value of the tract of lowland and flats on Long Island in Boston harbor, consent to the purchase of which by the United States was granted by the first named statute. Hearing by the jury in the superior court at April term 1869, before Brigham, C. J., who allowed the following bill of exceptions : “ The tract of lowland and flats in question is on Long Island, one of the islands in Boston harbor, and distant from Long Wharf from five to six…
1Opinion of the CourtColt, J.
Much must be left to the discretion of the judge who presides at the trial, in determining whether the lands, sales of which were admitted in evidence, were so similar in situation, and adaptation to profitable occupation, and the sales of them so recent, as to make such sales evidence proper to be submitted to the jury.
It certainly does not appear from the facts stated in these exceptions, that the lands upon other islands and headlands in Boston harbor were at such distances, or devoted to such dissimilar uses, or that the sales testified of were so remote in point of time, that the…
2Cited by23 opinions
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- Johnson v. City of LowellMassachusetts Supreme Judicial Court · 1922
- Louisiana Ry. & Navigation Co. v. MorereSupreme Court of Louisiana · 1906
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