Boston & Albany Railroad v. City of Worcester
Massachusetts Supreme Judicial Court
Petition by the Boston and Albany Railroad Company, under St. 1890, c. 428, and acts in amendment thereof, for the assessment of damages occasioned to the petitioner by the taking of certain of its lands for streets and the abutments of bridges over the petitioner’s tracks in Worcester, constructed as a part of the abolition of certain grade crossings in Worcester, filed April 1, 1892, and notice thereof to the city of Worcester issued January 17, 1895. At the trial in the…
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Petition by the Boston and Albany Railroad Company, under St. 1890, c. 428, and acts in amendment thereof, for the assessment of damages occasioned to the petitioner by the taking of certain of its lands for streets and the abutments of bridges over the petitioner’s tracks in Worcester, constructed as a part of the abolition of certain grade crossings in Worcester, filed April 1, 1892, and notice thereof to the city of Worcester issued January 17, 1895. At the trial in the Superior Court, before Graskill, J., the case was submitted upon agreed facts, on which the judge directed a verdict for…
1Opinion of the CourtLoring, J.
Middleborough v. New York, New Haven, & Hartford Railroad, 179 Mass. 520, disposes of the petitioner’s claim for damages to two parcels of land outside its location, one in connection with the change of grade of Ludlow, and the other in connection with the change of grade of Webster Street. Indeed, this case does not go so far as Middleborough v. New York, New Haven, & Hartford Railroad; here there is no difficulty as to parties. The petitioner, therefore, is entitled to judgment for the two sums of $92.50 and $509, with interest from the dates of the respective decrees altering the grades of…
2Cases cited4 opinions
- Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Bullard v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- Inhabitants of Middleborough v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
3Cited by4 opinions
- In Re Harper's EstateMontana Supreme Court · 1934
- New York, New Haven, & Hartford Railroad v. Cohasset Water Co.Massachusetts Supreme Judicial Court · 1914
- New York Central & Hudson River Railroad v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1914
- First National Bank & Trust Co. v. HarperMontana Supreme Court · 1934