Bates v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 6, 1903, by the holder of a third mortgage upon four lots of land numbered 1686,1688, 1690 and 1692 on Washington Street in Boston, who had filed a petition against the Boston Elevated Railway Company under St. 1894, c. 548, § 8, for damage to his interest in the land from the construction and operation of the railway of that company, against the railway company, George F. Blake, Edward C. Turner and the Boston Five…
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Bill in equity, filed in the Superior Court on November 6, 1903, by the holder of a third mortgage upon four lots of land numbered 1686,1688, 1690 and 1692 on Washington Street in Boston, who had filed a petition against the Boston Elevated Railway Company under St. 1894, c. 548, § 8, for damage to his interest in the land from the construction and operation of the railway of that company, against the railway company, George F. Blake, Edward C. Turner and the Boston Five Cents Savings Bank, respective holders of first mortgages on different portions of the property, Alfred P. Green, the…
1Opinion of the CourtLoring, J.
The plaintiff in this bill in equity held a third mortgage on four lots of land in respect of which compensation was due under St. 1894, c. 548, and St. 1897, c. 500, for injury done to it by the location, construction, maintenance and operation of the elevated railway. There were four first mortgages, one upon each of four lots which made up the estate covered by the plaintiff’s mortgage. As matter of convenience these will be spoken of as the first mortgages. After petitions for compensation had been brought by the plaintiff, by the owner of the equity, and by one of the three first…
2Cases cited11 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Gates v. . De La MareNew York Court of Appeals · 1894
- Letton v. YoungCourt of Appeals of Kentucky · 1859
- Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Johnson v. City of LowellMassachusetts Supreme Judicial Court · 1922
18 more not listed; retrieve them via the Exa API.