Laroe v. Northampton Street Railway Co.

[After the foregoing statement of the case.] In Callender v. Marsh, 1 Pick. 418, it was decided that no action can be maintained by an abutter for raising or lowering the grade of a highway by one authorized so to do.

In the Revised Statutes it was provided that an abutter should have compensation when he sustained damage by the raising or *256lowering of a public way, or other act done “ for the purpose of repairing such way.” Rev. Sts. c. 25, § 6, now R. L. c. 51, § 15.

Where the grade of a public way is altered by the grant of a location of a street railway, it is not altered “ for the purpose…