Fifty Associates v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed on August 8, 1903, by the Fifty Associates, a corporation, against the city of Boston, under St. 1894, c. 548, §§ 26, 34, St. 1895, c. 440, § 1, St. 1897, c. 580, St. 1902, c. 114, and acts amendatory to those statutes, for the assessment of damages alleged to have been caused during the years 1902 and 1903 to the estate of the petitioner on State Street in Boston numbered 276, 278, 280, 282, 284 and 286 by the construction of the East Boston tunnel.
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Petition, filed on August 8, 1903, by the Fifty Associates, a corporation, against the city of Boston, under St. 1894, c. 548, §§ 26, 34, St. 1895, c. 440, § 1, St. 1897, c. 580, St. 1902, c. 114, and acts amendatory to those statutes, for the assessment of damages alleged to have been caused during the years 1902 and 1903 to the estate of the petitioner on State Street in Boston numbered 276, 278, 280, 282, 284 and 286 by the construction of the East Boston tunnel. In the Superior Court the case was tried before Harris, J. The following statement of the case and of the questions raised by…
1Opinion of the CourtLoring, J.
1. We are of opinion that the presiding judge was wrong in ruling that the petitioner was not entitled to recover damages for water coming into the cellar by reason of the removal of the bulkhead. The case was tried on the footing that the petitioner had the rights “ of an ordinary abutter ” in State Street. That assumes that the petitioner owned the fee in his half of the street subject to the public right to use it for street uses.
Counsel for the respondent has contended that the ruling was right on the ground that street uses include the use of the land below the surface of a street as…
2Cases cited18 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Webster Thomas Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- United States Gypsum Co. v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Saltonstall v. New York Central RailroadMassachusetts Supreme Judicial Court · 1921
- Healey v. Citizens Gas & Electric Co.Supreme Court of Iowa · 1924
6 more not listed; retrieve them via the Exa API.