Peabody v. City of Boston
Massachusetts Supreme Judicial Court
Petitions, filed respectively on April 13 and September 21, 1907, under St. 1902, c. 534, for the assessment of damages alleged to have been caused by the construction of the Washington Street tunnel in Boston. In the Superior Court the cases were tried before Stevens, J. The evidence is described in the opinion.
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Petitions, filed respectively on April 13 and September 21, 1907, under St. 1902, c. 534, for the assessment of damages alleged to have been caused by the construction of the Washington Street tunnel in Boston. In the Superior Court the cases were tried before Stevens, J. The evidence is described in the opinion. After answers were returned by the jury to certain special questions submitted to them, the judge ordered verdicts for the respondent and reported the cases for determination by this court.
1Opinion of the CourtRugg, C. J.
The petitioners owned the Devonshire Building and the lot on which it stood, at the corner of Washington, State and Devonshire Streets in Boston and fronting on all three of these streets. They seek to recover damages caused to this estate by the construction of the Washington Street tunnel. No land has been taken from the petitioners. The foundations of the building, so far as necessary, were supported by concrete walls built underneath them by the Boston transit commission without expense to the petitioners and the jury have found .that they have sustained no damage on this account. But…
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