Holleran v. City of Boston
Massachusetts Supreme Judicial Court
Two Actions OF TORT, for damages to the plaintiffs’ properties. The writ in the first case was dated July 5,1894, and in the second case July 7, 1894. At the trial in the Superior Court, before Aihen, J., the plaintiffs offered evidence tending to prove that in 1891 the park commissioners made substantial changes in the natural surface of Franklin Park in the vicinity of Glen Way, upon which street the plaintiffs’ properties abutted, building artificial embankments and…
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Two Actions OF TORT, for damages to the plaintiffs’ properties. The writ in the first case was dated July 5,1894, and in the second case July 7, 1894. At the trial in the Superior Court, before Aihen, J., the plaintiffs offered evidence tending to prove that in 1891 the park commissioners made substantial changes in the natural surface of Franklin Park in the vicinity of Glen Way, upon which street the plaintiffs’ properties abutted, building artificial embankments and roadways, and changing the natural grade substantially within the park limits; that these changes increased the watershed…
1Opinion of the CourtHammond, J.
The plaintiffs in these actions of tort seek to hold the defendant answerable in damages for changes in the flow of surface water caused by certain acts of the park commissioners and of the defendant, and also for discharging the contents of an old cellar drain from the Gleason house within the park limits.
1. As to the changes caused by the park commissioners. Under St. 1875, c. 185, § 3, these commissioners are authorized to take land in fee for park purposes, and to lay out and improve the same; and by the fifth section a remedy is given to all persons who sustain damages by the taking of…
2Cases cited6 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Kennison v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1888
- Boston Rolling Mills v. City of CambridgeMassachusetts Supreme Judicial Court · 1875
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Anglim v. City of BrocktonMassachusetts Supreme Judicial Court · 1932
- Dupuis v. City of Fall RiverMassachusetts Supreme Judicial Court · 1916
- Triangle Center, Inc. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1982
6 more not listed; retrieve them via the Exa API.