Shaw v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tobt, against the Boston and Albany Railroad Company and the city of Springfield. The declaration alleged, in substance, that the defendants undertook, by due authority and process of law, to make changes, alterations, and repairs in and upon a certain bridge and the approaches thereto, being a part of a public highway of the defendant city known as St. James Avenue, and crossing the defendant railroad corporation’s tracks above grade by a bridge on the line of St. James…
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Tobt, against the Boston and Albany Railroad Company and the city of Springfield. The declaration alleged, in substance, that the defendants undertook, by due authority and process of law, to make changes, alterations, and repairs in and upon a certain bridge and the approaches thereto, being a part of a public highway of the defendant city known as St. James Avenue, and crossing the defendant railroad corporation’s tracks above grade by a bridge on the line of St. James Avenue, which way the city was bound to keep in repair; that the changes, alterations, and repairs were made by the…
1Opinion of the CourtLathrop, J.
The gist of the declaration in this case is, that, through the carelessness of the defendants in doing the work which they were authorized by law to do, the plaintiff was deprived of the use of the highway for an unreasonable time, and was thereby damaged in his business. There is nothing in the declaration to show that his estate abutted upon the obstruction, so as to bring the case within the rule laid down in Stetson v. Faxon, 19 Pick. 147. And there is nothing to show *599that his person or property was injured by reason of the negligence of those engaged in doing the work. The case does not,…
2Cases cited6 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Blackwell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1877
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- Hammond v. County CommissionersMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stop & Shop Companies, Inc. v. FisherMassachusetts Supreme Judicial Court · 1983
- City of Chicago v.BurckyIllinois Supreme Court · 1895
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
7 more not listed; retrieve them via the Exa API.