Trinity Church in City of Boston v. John Hancock Mut. Life Ins. Co. (No. I)
Trinity Church in City of Boston v. John Hancock Mut. Life Ins. Co.
502 N.E.2d 532
Church brought action against neighbor and others to recover damages resulting from excavation. The Superior Court, Suffolk County, James J. Nixon, J., entered judgment against neighbor and dismissed claims against other defendants. Church and neighbor appealed. Request for direct appellate review was granted. The Supreme Judicial Court, Lynch, J., held that: (1) use of takedown theory of damages was appropriate in determining compensation for structural damage to church; (2) award properly set present dollar value for damages which have occurred but which would not be repaired until future time; and (3) church's claims against other defendants were barred by statute of limitations.
O'Connor, J., dissented in part and filed opinion.
Robert M. Hacking (Calum B. Anderson and Leonard F. Zandrow, Jr., Boston, with him), for John Hancock Mut. Life Ins. Co. & others.
Click here for the entire case on Google Scholar.