Peabody v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Petition, filed December 21,1899, and amended January 17, 1901, to the Superior Court under St. 1896, c. 516, § 23, for damages to property of the petitioner by the respondent’s changing the grade of Buckingham Street in Boston in connection with its construction of the Back Bay station in that city. The original petition alleged a filing on March 17, 1898, by the respondent of a location of its taking under the act.
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Petition, filed December 21,1899, and amended January 17, 1901, to the Superior Court under St. 1896, c. 516, § 23, for damages to property of the petitioner by the respondent’s changing the grade of Buckingham Street in Boston in connection with its construction of the Back Bay station in that city. The original petition alleged a filing on March 17, 1898, by the respondent of a location of its taking under the act. The amended petition alleged the location for the extension of the railroad on March 17, 1898, and a location of land for the construction of the station on December 30, 1897,…
1Opinion of the CourtLoring, J.
This is a petition for compensation for damages caused to the petitioner by the change in grade of Buckingham Street in front of the petitioner’s house and land abutting on the southerly side of that street. The petition is brought against the respondent railroad on the ground that, by force of *78the plans prepared by it and approved by the mayor of the city of Boston and the railroad commissioners, it acquired the right, under St. 1896, c. 516, to make the change in grade which it made, and if not, that it is estopped to set up its own wrong.
We are of opinion that on the facts stated in the…
2Cases cited4 opinions
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Lexington Print Works v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1898
- Spaulding v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1879
- Lewis v. City of BostonMassachusetts Supreme Judicial Court · 1881
3Cited by31 opinions
- State v. BostonOhio Supreme Court · 1989
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
- Galayda v. Lake Hospital Systems, Inc.Ohio Supreme Court · 1994
- Drayton Ex Rel. Drayton v. Jiffee Chemical Corp.District Court, N.D. Ohio · 1975
- Peabody v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
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