Massachusetts Central Railroad v. Boston, Clinton & Fitchburg Railroad
Massachusetts Supreme Judicial Court
Petition to the Superior Court under the St. of 1873, c. 261, for a jury to revise an award of damages made by the county commissioners to the respondent, upon its petition, by reason of the construction of the railroad of the petitioner. . At the trial in the Superior Court, before Rockwell, J., it was admitted by the petitioner that it had taken for its railroad a certain tract of land belonging to the respondent, and it was agreed that, damages should be awarded for the…
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Petition to the Superior Court under the St. of 1873, c. 261, for a jury to revise an award of damages made by the county commissioners to the respondent, upon its petition, by reason of the construction of the railroad of the petitioner. . At the trial in the Superior Court, before Rockwell, J., it was admitted by the petitioner that it had taken for its railroad a certain tract of land belonging to the respondent, and it was agreed that, damages should be awarded for the same to the amount of one hundred and eight dollars. The railroad of the respondent had been in operation several years…
1Opinion of the CourtGray, C. J.
A railroad corporation, across whose road another railroad or a highway is laid out, has the like right as all individuals or bodies politic and corporate, owning lands or easements, to recover damages for the injury occasioned to its title or right in the land occupied by its road, taking into consideration any fences or structures upon the land, or changes in its surface, absolutely required by law, or in fact necessary to be made by the corporation injured, in order to accommodate its own land to the new condition. Commonwealth v. Boston & Maine Railroad, 3 Cush. 25, 58. Old Colony…
2Cited by24 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Peoria & Pekin Union Railway Co. v. Peoria & Farmington Railway Co.Illinois Supreme Court · 1882
- Cleveland v. City Council of AugustaSupreme Court of Georgia · 1897
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