Boston, Cape Cod & New York Canal Co. v. Henshaw
Massachusetts Supreme Judicial Court
Twelve petitions, filed in the Superior Court for the county of Barnstable on February 11, 1914, by the-Boston, Cape Cod and New York Canal Company, hereinafter called the canal company, under St. 1899, c. 448, § 16, for the assessment by a jury of the damages to which the respective respondents are entitled by reason of injury caused by the petitioner in the construction of its canal to oyster fisheries where the respondents had been given licenses by the town of Bourne to…
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Twelve petitions, filed in the Superior Court for the county of Barnstable on February 11, 1914, by the-Boston, Cape Cod and New York Canal Company, hereinafter called the canal company, under St. 1899, c. 448, § 16, for the assessment by a jury of the damages to which the respective respondents are entitled by reason of injury caused by the petitioner in the construction of its canal to oyster fisheries where the respondents had been given licenses by the town of Bourne to plant, grow and dig oysters. The respondents, under the circumstances described in the opinion, severally had filed…
1Opinion of the CourtCarroll, J.
The selectmen of Bourne granted to the several respondents or to their assignors, under R. L. c. 91, § 104, licenses to plant, grow and dig oysters in the town of Bourne. The canal company filed its location in the registry of deeds for the county of Barnstable on July 8, 1907, and the dredging of its canal was begun on August 8,1909. These proceedings under St. 1899, c. 448, § 16, are for the assessment of damages to the respondents’ oyster *188fisheries alleged to have been caused by the construction of the petitioner’s canal. The cases will be considered together.
In the Superior Court, by…
2Cases cited6 opinions
- New York Indians v. United StatesSupreme Court of the United States · 1898
- Allen v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Earle v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Webster v. City of LowellMassachusetts Supreme Judicial Court · 1885
- Keene v. GiffordMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Connerty v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1986
- J. H. Miles & Co., Inc. v. McLean Contracting Co.Court of Appeals for the Fourth Circuit · 1950
- Connerty v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1986
- J. H. Miles & Co., Inc. v. McLean Contracting Co.Court of Appeals for the Fourth Circuit · 1950