Galeano v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on May 23,1905, under R. L. c. 51, § 16, for the assessment by a jury of damages caused by a change of grade in Sixth Street, a public highway in that part of Boston called South Boston.
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Petition, filed in the Superior Court on May 23,1905, under R. L. c. 51, § 16, for the assessment by a jury of damages caused by a change of grade in Sixth Street, a public highway in that part of Boston called South Boston. The petitioners were the lessees under a lease in writing dated March 17, 1903, for the term of six years, of certain premises, which included five stores on Sixth Street, used by them for the purposes of carrying on the business of fruit selling and a restaurant. The stores were in a small wooden building of one story with a wooden platform extending to the sidewalk, a…
1Opinion of the CourtBraley, J.
The interest of the petitioners as lessees and that of the landowner were not commensurate, as their demise covered only a portion and not the whole of the premises. Because of this diversity, when treated as entire, whatever damages were shown to have been caused to the estate by the lowering of the grade of the street on which it abutted were to be apportioned between the owners of the respective interests rather than held by a .trustee for their benefit. R. L. c. 51, § 15; c. 48, §§ 17, 18, 20, 22. Edmands v. Boston, 108 Mass. 535, 547. Boston v. Bobbins, 121 Mass. 453, 456. Stark v.…
2Cases cited11 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Bailey v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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3Cited by8 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- L'Huilier v. City of FitchburgMassachusetts Supreme Judicial Court · 1923
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
- Philadelphia & Reading Coal & Iron Co. v. City of BostonMassachusetts Supreme Judicial Court · 1912
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