Rand v. City of Boston
Massachusetts Supreme Judicial Court
Petition, under Sts. 1890, c. 428, § 5, and 1891, c. 123, § 1, for an assessment of damages caused to the property of the petitioners by the abolition of the grade crossing of Everett Street by the tracks of the Boston and Albany Railroad Company in that part of Boston called Allston. Trial in the Superior Court, before Hopkins, J., who reported the case for the determination of this court, in substance as follows.
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Petition, under Sts. 1890, c. 428, § 5, and 1891, c. 123, § 1, for an assessment of damages caused to the property of the petitioners by the abolition of the grade crossing of Everett Street by the tracks of the Boston and Albany Railroad Company in that part of Boston called Allston. Trial in the Superior Court, before Hopkins, J., who reported the case for the determination of this court, in substance as follows. The petitioners offered in evidence the report of the commissioners appointed to act upon the petition of the directors of the railroad corporation for alterations in the crossing.…
1Opinion of the CourtHolmes, J.
The only question argued in this case is whether damages can be recovered under Sts. 1890, c. 428, and 1891, c. 123, for diminishing the market value of the petitioners’ land, obstructing its light and air, and occasioning dust to be blown upon it, by building an embankment and bridge upon land taken from a third person on the opposite side of the street from the petitioners’ land.
It will be observed that, if any other owner of the land had done the acts complained of, he would have had a perfect right *356to do them, and would not have been liable for any of the harm suffered by the petitioners…
2Cases cited28 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
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3Cited by18 opinions
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
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