Thayer v. New Bedford Railroad
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages occasioned to “ certain real estate, easements and privileges ” in New Bedford, by the location and construction of its railroad by the respondent.
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Petition to the county commissioners for a jury to assess damages occasioned to “ certain real estate, easements and privileges ” in New Bedford, by the location and construction of its railroad by the respondent. At the trial before a sheriff’s jury, it appeared that the petitioners’ property was included between the letters A, B, C and D on the plan, a copy of which is printed in the margin,* and was between Clark’s Point and the head of navigation on the Acushnet River, in New Bedford,- and west of the channel. The petitioners’ dock is the space included between the letters C, D, E, F. The…
1Opinion of the CourtLord, J.
When the facts upon which the petitioners rely are understood, we do not apprehend that there is any difficulty in arriving at a correct result. No land of the petitioners was taken by the respondent. The petitioners own a dock, and, as we assume, the land described in the petition; and the railroad is constructed at a distance from the petitioners’ property, not stated; the plan accompanying the papers having no scale upon *257it, that distance is not made known. Tlie land between the petitioners’ dock and the railroad is covered by navigable water. In that land the petitioners have and claim no…
2Cited by7 opinions
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