Bailey v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Two petitions, dated respectively December 16, 1898, and March 6, 1899, the first for damages for the taking of land of the petitioner at the corner of Harrison Avenue and Way Street in Boston by the respondent railroad company on March 17, 1898, under the provisions of St. 1896, e. 516, and the second for damages to the lessees .of the premises from the taking above named and from the laying out, construction and maintenance of the road of the respondent under the…
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Two petitions, dated respectively December 16, 1898, and March 6, 1899, the first for damages for the taking of land of the petitioner at the corner of Harrison Avenue and Way Street in Boston by the respondent railroad company on March 17, 1898, under the provisions of St. 1896, e. 516, and the second for damages to the lessees .of the premises from the taking above named and from the laying out, construction and maintenance of the road of the respondent under the provisions of the above named act. In the Superior Court the two cases were sent to an auditor and heard together before him, and…
1Opinion of the CourtKnowlton, C. J.
The principles of law applicable to these cases have long been well established in this Commonwealth, whatever difficulties may have arisen in the application of them. Under statutes like that before us, in the absence of any peculiar provision, persons damaged in their real estate are to receive compensation for all such damages as are direct and proximate, as distinguished from those that are remote and consequential, if they are, at the same time, special and peculiar as distinguished from common and general. When real estate is used in carrying on a business, the damage to be assessed for…
2Cases cited7 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Penney v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Williams v. CommonwealthMassachusetts Supreme Judicial Court · 1897
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3Cited by27 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- R. J. Widen Company v. The United States and Commonwealth of Massachusetts, Third-PartyCourt of Appeals for the Third Circuit · 1966
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Wine v. CommonwealthMassachusetts Supreme Judicial Court · 1938
22 more not listed; retrieve them via the Exa API.