Cabot v. Kingman
Massachusetts Supreme Judicial Court
Tobt, against the Metropolitan Sewerage Commissioners, for injury to the plaintiff’s premises by the negligent removal of the soil thereof in constructing a sewer in Chelsea. Trial in the Superior Court, before Mason, C. J., who upon the plaintiff’s offer of proof, ruled that the action coulu not be maintained, and directed the jury.to return a verdict for the defendants; and the plaintiff alleged exceptions. The facts appear in the opinion.
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Tobt, against the Metropolitan Sewerage Commissioners, for injury to the plaintiff’s premises by the negligent removal of the soil thereof in constructing a sewer in Chelsea. Trial in the Superior Court, before Mason, C. J., who upon the plaintiff’s offer of proof, ruled that the action coulu not be maintained, and directed the jury.to return a verdict for the defendants; and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in January, 1896, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtField, C. J.
It does not appear that any portion of the plaintiff’s land was taken by the defendants. They took the right to construct, operate, and forever maintain an underground main sewer, etc., in a part of Marginal Street, a public street or highway in the city of Chelsea. The plaintiff did not offer to prove that he owned the fee of the soil in the street where the right to construct the sewer was taken. But even if he owned the fee, it was in effect decided in Chelsea Dye House & Laundry Co. v. Commonwealth, 164 Mass. 350, that by the taking no additional servitude was imposed upon the land under…
2Cases cited10 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
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3Cited by27 opinions
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
- Galveston-Houston Electric Railway Co. v. ReinleTexas Supreme Court · 1924
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