Nichols v. Inhabitants of Richmond
Massachusetts Supreme Judicial Court
Petition, for the assessment of damages under St. 1890, e. 428, § 5, as amended by St. 1891, c. 123. By due proceedings in the Superior Court, upon petition of the respondent town and the Boston and Albany Railroad Company, certain grade crossings in the town were abolished, an overhead crossing was constructed, a new way was laid out over the land of the petitioner, and so much of an ancient public way across the railroad as was within its location was discontinued.
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Petition, for the assessment of damages under St. 1890, e. 428, § 5, as amended by St. 1891, c. 123. By due proceedings in the Superior Court, upon petition of the respondent town and the Boston and Albany Railroad Company, certain grade crossings in the town were abolished, an overhead crossing was constructed, a new way was laid out over the land of the petitioner, and so much of an ancient public way across the railroad as was within its location was discontinued. At the trial in the Superior Court, before Mason, C. J., it appeared that the petitioner’s farm abutted on the northerly side…
1Opinion of the CourtMorton, J.
The petitioner’s premisós were situated on both sides of and adjoined the railroad, and were on the northerly side of the way. .They touched only at two corners that portion of the way within the railroad location which was discontinued. They did not, therefore, in any proper sense, abut upon the discontinued portion of the way, though they did upon other portions of it, and the case presented is that of a party who has been obliged, in passing from one portion of her premises to another, to use a way of which a part on which her premises do not abut has been discontinued, and who is…
2Cases cited4 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Blackwell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1877
- Hammond v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Shaw v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by21 opinions
- Stop & Shop Companies, Inc. v. FisherMassachusetts Supreme Judicial Court · 1983
- Ponischil v. Hoquiam Sash & Door Co.Washington Supreme Court · 1906
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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