Green v. City of Everett
Massachusetts Supreme Judicial Court
Petition against the city of Everett for an assessment, undef the provisions of Pub. Sts. c. 51, of the damages sustained by the petitioners by the widening of Ferry Street in Everett, and the taking of certain portions of their land for that purpose, filed August 31, 1898. At the trial in the Superior Court, before Hardy, J., it appeared, that the petitioners were the owners of three large tracts of land at the junction of Broadway and Ferry Street in Everett, consisting of…
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Petition against the city of Everett for an assessment, undef the provisions of Pub. Sts. c. 51, of the damages sustained by the petitioners by the widening of Ferry Street in Everett, and the taking of certain portions of their land for that purpose, filed August 31, 1898. At the trial in the Superior Court, before Hardy, J., it appeared, that the petitioners were the owners of three large tracts of land at the junction of Broadway and Ferry Street in Everett, consisting of the westerly, northerly and easterly corners. The taking was made September 21, 1897, pursuant to the betterment acts.…
1Opinion of the CourtBarker, J.
The petitioners concede that incomplete negotiations for settlement of a controversy are not admissible in evidence, but contend that the evidence offered and rejected was of. a complete settlement of the controversy agreed to by both parties, and which after it had been agreed upon failed only from the refusal of the respondent to fulfil it. A view of the •facts shows that such was not the case.
On September 21,1897, the petitioners’ lands were taken to widen a street, the taking being in proceedings under the betterment acts. In these proceedings the city authorities did not act under the…
2Cases cited2 opinions
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Brackett v. City of BostonMassachusetts Supreme Judicial Court · 1892
3Cited by6 opinions
- Merrill v. City of LowellMassachusetts Supreme Judicial Court · 1920
- Empire Voting Mach. Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1920
- Goodyear Park Co. v. City of HolyokeMassachusetts Supreme Judicial Court · 1935
- Doherty v. Mayor of EverettMassachusetts Appeals Court · 1982
- Collins v. City of LawrenceMassachusetts District Court, Appellate Division · 1937
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