Oelschleger v. City of Boston
Massachusetts Supreme Judicial Court
Tort by a riparian owner on the former course of Stony Brook in Boston against that city, with a first count for wrongfully diverting the waters of Stony Brook from the plaintiff’s land and a second count for constructing a sewer through the former bed of the brook. Writ dated July 26, 1902. In the Superior Court the case was tried before Pierce, J. Certain facts were agreed and the jury took a view of the premises.
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Tort by a riparian owner on the former course of Stony Brook in Boston against that city, with a first count for wrongfully diverting the waters of Stony Brook from the plaintiff’s land and a second count for constructing a sewer through the former bed of the brook. Writ dated July 26, 1902. In the Superior Court the case was tried before Pierce, J. Certain facts were agreed and the jury took a view of the premises. St. 1874, c. 196, and St. 1896, c. 530, were in evidence, and there also was evidence introduced by both parties upon the question of damages, which is immaterial to the question…
1Opinion of the CourtKnowlton, C. J.
The St. 1896, c. 530, § 1, is as follows: • “ The city of Boston may alter the course of and make a new channel, covered or uncovered, for Stony Brook in the city of Boston, from a point at or near the Tremont Street crossing of the Boston and Providence Railroad to a point at or near Boylston station on said railroad.” Section 2 gives a right to the street commissioners to take “for the purpose aforesaid, any lands in said city which they may deem necessary therefor,” and to “ take any rights or easements in said brook or in any lands which they may deem necessary,” etc. If the taking was…
2Cases cited9 opinions
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Washburn & Moen Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Boston Belting Co. v. City of BostonMassachusetts Supreme Judicial Court · 1889
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3Cited by3 opinions
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Gray v. City of BostonMassachusetts Supreme Judicial Court · 1931
- Loranger v. City of FlintMichigan Supreme Court · 1915