Tucker v. Massachusetts Central Railroad
Massachusetts Supreme Judicial Court
Petition for the assessment of land damages sustained by the petitioner by reason of the passage of the respondent’s railroad through his farm.
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Petition for the assessment of land damages sustained by the petitioner by reason of the passage of the respondent’s railroad through his farm. At the trial before a sheriff’s jury it appeared that the farm, containing about eighty acres, lay on both sides of an old established highway, the house and about ten acres of land being on the southerly side of the road, and about seventy acres of mow■ing, garden, pasture, and tillage lands lying on the northerly side ■of the highway. The railroad ran through the whole length of the seventy acres north of the road in a circular direction, not . far…
1Opinion of the CourtMorton, J.
The petitioner is entitled to compensation for all damages to his whole tract, including not only the value of the land taken, but all incidental injuries to his remaining land. If the effect of constructing the railroad through his land was to make it more inconvenient and expensive for him to cultivate and manage his remaining land, this might be, and there is nothing in the bill of exceptions to show that in this case it was not, an element proper for the consideration of the jury. The question how much his expenses of carrying on his remaining land in the future would be increased by the…
2Cases cited2 opinions
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- Phillips v. Inhabitants of MarbleheadMassachusetts Supreme Judicial Court · 1889
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