Legal Opinion

Doon v. Inhabitants of Natick

Massachusetts Supreme Judicial Court

Decided May 20, 1898PublishedCited by 9 opinions

Petition to the Superior Court for the assessment of damages sustained by the petitioners by the taking of land for changing the grade of Cochituate Street in front of their premises in Natick, for the purpose of abolishing the grade crossing of said street with the Saxonville Branch Railroad, so called, under the provisions of St. 1890, c. 428, and acts in amendment thereof.

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Petition to the Superior Court for the assessment of damages sustained by the petitioners by the taking of land for changing the grade of Cochituate Street in front of their premises in Natick, for the purpose of abolishing the grade crossing of said street with the Saxonville Branch Railroad, so called, under the provisions of St. 1890, c. 428, and acts in amendment thereof. The crossing was abolished by the decision of the three commissioners appointed by the court on the joint petition of the selectmen of Natick and the directors of the Boston and Albany Railroad Company, which decision…

1Opinion of the CourtKnowlton, J.

In abolishing a grade crossing under the St. 1890, c. 428, the commissioners reported in regard to Cochituate Street, on which the crossing was, as follows: “ The location of Cochituate Street remaining unchanged, said street shall pass over the railroad tracks by a suitable bridge at a height of not less than sixteen feet in the clear above the grade of said tracks hereinbefore ordered.” Then follow requirements for the descent of the grade in each direction to the existing level, for the construction of the abutments and superstructure of the bridge, and for other details of construction. “…

2Cases cited3 opinions

  1. Burnett v. CommonwealthMassachusetts Supreme Judicial Court · 1897
  2. Simonds v. WalkerMassachusetts Supreme Judicial Court · 1868
  3. Towne v. City of NewtonMassachusetts Supreme Judicial Court · 1897

3Cited by9 opinions

  1. Burnquist v. CookSupreme Court of Minnesota · 1945
  2. Hedrick v. GrahamSupreme Court of North Carolina · 1957
  3. Preston v. City of NewtonMassachusetts Supreme Judicial Court · 1913
  4. Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
  5. Providence, Fall River & Newport Steamboat Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1903

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