Dana v. City of Boston
Massachusetts Supreme Judicial Court
The first case was a petition, under Pub. Sts. c. 49, §§ 68, 69, for the assessment of damages caused to the land of the petitioners, and to a right of way to Brookline Avenue by the raising of the grade of said avenue. The second case, which was an action of tort for damages caused by the same acts of the defendants, was abandoned by the plaintiffs after the entry of the exceptions in this court.
Read the full summary
The first case was a petition, under Pub. Sts. c. 49, §§ 68, 69, for the assessment of damages caused to the land of the petitioners, and to a right of way to Brookline Avenue by the raising of the grade of said avenue. The second case, which was an action of tort for damages caused by the same acts of the defendants, was abandoned by the plaintiffs after the entry of the exceptions in this court. Trial in the Superior Court, before Hopkins, J., who ruled that, admitting the truth of the facts offered to be proved, the nature of which appears in the opinion, the petitioners could not recover,…
1Opinion of the CourtBarker, J.
These cases grow out of acts done by the city of Boston in the year 1884 or 1885 upon a highway, under orders adopted in 1884 by the board of aldermen, and approved by the mayor. The first action is a petition by the owners of land situated near, but not adjoining, the highway, for damages done to their land by changes of grade and structural formation under the orders referred to, and the petition was filed in the Superior Court on June 9,1885. The other action is in tort, by the same persons, for damages caused by the same acts of the city, and since the entry of the exceptions in this…
2Cases cited15 opinions
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887
- Collins v. City of WalthamMassachusetts Supreme Judicial Court · 1890
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- Sheehan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
5 more not listed; retrieve them via the Exa API.