Matthews v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort for damages caused to the Hotel Oxford and the Oxford Terrace, buildings owned by the plaintiffs, by the way in which the defendant during the six years preceding the date of the writ operated trains upon the railroad held by it under a lease from the Boston and Albany Railroad Company.
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Tort for damages caused to the Hotel Oxford and the Oxford Terrace, buildings owned by the plaintiffs, by the way in which the defendant during the six years preceding the date of the writ operated trains upon the railroad held by it under a lease from the Boston and Albany Railroad Company. Writ dated December 1, 1909. The declaration originally contained three counts, only the first of which, by reason of an election made by the plaintiffs at the close of the evidence, now is material. This count is described in the opinion. The action was referred to an auditor who filed a report and a…
1Opinion of the CourtDe Courcy, J.
This is an action of tort for damages to the property of the plaintiffs, including the buildings known as the Hotel Oxford and the Oxford Terrace, situated on Huntington Avenue in Boston and adjoining the tracks of the defendant’s lessor, the Boston and Albany Railroad Company. The first count, on which the plaintiffs elected to go to the jury, alleged that during the six years previous to December 1, 1909, the defendant “unreasonably, carelessly and unlawfully operated locomotives,” and “has caused an unreasonable and unnecessary discharge of smoke, soot, cinders, anfl noxious fumes from…
2Cases cited11 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Salter v. LeventhalMassachusetts Supreme Judicial Court · 1958
9 more not listed; retrieve them via the Exa API.