Sears v. Crocker
Massachusetts Supreme Judicial Court
Three bills in equity, filed January 2 and March 20, 1903, by the owners of property on Court Street and State Street in Boston, owning the fee to the centre of those streets, to restrain the Boston transit commissioners from constructing a subway or tunnel through the land of the petitioners by authority of St. 1894, c. 548, St. 1895, c. 440, St. 1897, c. 500, and St. 1902, c. 534, without recording in the registry of deeds for the county of Suffolk a description of the…
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Three bills in equity, filed January 2 and March 20, 1903, by the owners of property on Court Street and State Street in Boston, owning the fee to the centre of those streets, to restrain the Boston transit commissioners from constructing a subway or tunnel through the land of the petitioners by authority of St. 1894, c. 548, St. 1895, c. 440, St. 1897, c. 500, and St. 1902, c. 534, without recording in the registry of deeds for the county of Suffolk a description of the land to be taken as required by St. 1894, c. 548, § 32, for any taking by right of eminent domain. The cases came on to be…
1Opinion of the Court
Kítowlton, C. J.
These three eases present the same questions, and they may be considered together in one opinion. They are bills in equity to obtain an injunction against the defendants as members of the Boston transit commission, to prevent the construction of a subway and tunnel from Scollay Square to East Boston through public streets in front of the premises of the several plaintiffs, without a formal taking of land in the streets. The plaintiffs contend that the construction of the tunnel or subway, without a formal taking of land in the streets, is unauthorized and illegal, because it…
2Cases cited15 opinions
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1937
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Metropolitan Atlanta Rapid Transit Authority v. DatrySupreme Court of Georgia · 1975
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
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