Walker v. Old Colony & Newport Railway Co.
Massachusetts Supreme Judicial Court
Petition to the county commissioners for the assessment by a jury of damages occasioned by taking land of the petitioner, in Taunton, for the construction of the respondents’ railroad.
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Petition to the county commissioners for the assessment by a jury of damages occasioned by taking land of the petitioner, in Taunton, for the construction of the respondents’ railroad. Hearing by the jury before the sheriff, the material part of whose certificate was as follows : “ The premises consisted of half an acre of land on the east side of Weir Street, with a dwelling-house and other buildings upon it, the back corner of which, being about one fifteenth of. an acre, was taken by the railroad. “ The petitioner claimed damages for the depreciation of his estate by reason of the…
1Opinion of the CourtWells, J.
In this case the premises affected by the location of the railroad consisted of a dwelling-house and house lot of about half an acre of land. A part of this land was taken; and the question raised is, whether the jury might consider the depreciation of the value of the estate by reason of the proximity of the railroad to the dwelling-house, and the incidental effects of the running of trains thereon. These incidental effects are the natural and inevitable consequences of the exercise of the franchise which the legislature has granted to the corporation. They do not therefore constitute a…
2Cases cited1 opinion
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
3Cited by46 opinions
- Campbell v. United StatesSupreme Court of the United States · 1924
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- People v. SymonsCalifornia Supreme Court · 1960
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