Legal Opinion

Sheehan v. City of Fall River

Massachusetts Supreme Judicial Court

Decided February 27, 1905PublishedCited by 19 opinions

Petition, filed August 8, 1902, by the owner of a building on the west side of Davol Street in the city of Fall River, standing on land held by the petitioner under “ an oral lease from year to year at an annual rental payable in monthly instalments,” for the assessment of damages under St. 1900, c. 472. In the Superior Court the case was tried before Harris, J., who ruled that the petitioner could not recover, and’ ordered a verdict for the respondent.

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Petition, filed August 8, 1902, by the owner of a building on the west side of Davol Street in the city of Fall River, standing on land held by the petitioner under “ an oral lease from year to year at an annual rental payable in monthly instalments,” for the assessment of damages under St. 1900, c. 472. In the Superior Court the case was tried before Harris, J., who ruled that the petitioner could not recover, and’ ordered a verdict for the respondent. At the request of the parties the judge reported the case for determination by this court. It was agreed that the damage to the petitioner…

1Opinion of the CourtBraley, J.

Under the provisions of St. 1900, c. 472, the grade of the street on which the petitioner’s building abutted was lowered, by which substantial alterations were required to adjust the property so that it could be used conveniently. Her estate or interest in the land on which it stood being created by a parol lease she was a tenant at will. Pub. Sts. c. 120, § 3.

If she is entitled to recover damages caused by changing the grade they must be assessed for injury to her estate, which for this purpose includes not only the building, but her right to the possession of the land. The respondent,…

2Cases cited22 opinions

  1. Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
  2. Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
  3. Tudor v. LewisCourt of Appeals of Kentucky · 1860
  4. Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
  5. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895

17 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In Re Widening of Gratiot AvenueMichigan Supreme Court · 1940
  2. Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
  3. Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
  4. Hite v. HiteMassachusetts Supreme Judicial Court · 1938
  5. Bryne v. City of GloucesterMassachusetts Supreme Judicial Court · 1937

14 more not listed; retrieve them via the Exa API.

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