109 Mass. 225 | Mass. | 1872
The rights of this petitioner depend upon the proper construction of the Gen. Sts. c. 38, § 39. His appeal is
The testimony as to value was in our opinion competent and admissible under the rule laid down in Swan v. County of Middlesex, 101 Mass. 173, and the cases there cited. The question for the jury was, what was a proper price, or in other words, what was the value of the land taken, — a question which did not depend upon the use the owner was intending to make of it, or the plans which he had formed in relation to it. Boston & Maine Railroad v. County of Middlesex, 1 Allen, 324. First Parish in Woburn v. County of Middlesex, 7 Gray, 106.
For these reasons the rulings of the sheriff appear to have been correct, and in the first case we therefore direct that the
Verdict be accepted.
Judgment for the tenants.