Dunbar v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Petition, filed August 22, 1899, for damages to the petitioner’s property on the easterly side of Dartmouth Street in the city of Boston from a change in the grade of that street made by the respondent under the provisions of St. 1896, c. 516. At the hearing in the Superior Court before Hopkins, J., it appeared, that the work of raising the grade was begun by the respondent on September 20, 1898, and was completed on or about November 1, 1898; that there was no taking of any…
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Petition, filed August 22, 1899, for damages to the petitioner’s property on the easterly side of Dartmouth Street in the city of Boston from a change in the grade of that street made by the respondent under the provisions of St. 1896, c. 516. At the hearing in the Superior Court before Hopkins, J., it appeared, that the work of raising the grade was begun by the respondent on September 20, 1898, and was completed on or about November 1, 1898; that there was no taking of any of the petitioner’s land and the damages sought to be recovered were wholly caused by the raising of the grade of the…
1Opinion of the CourtHolmes, C. J.
This is a petition for the assessment of damages to land of the petitioner on Dartmouth Street in Boston caused by raising"the grade of that street under the terminal company act. St. 1896, c. 516. The petition was filed under § 23 of the act, and therefore we may assume that the claim was subject to the limitation of one year imposed by that section, although no land of the petitioner was taken. The section contains a general provision giving a jury to parties who have suffered damage to be compensated under the act, and the limitation no doubt was intended to be coextensive with the grant.…
2Cases cited7 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Woodward v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1902
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1875
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3Cited by28 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Forbes Pioneer Boat Line v. Board of Commissioners of Everglades Drainage DistrictSupreme Court of the United States · 1922
- Robinson v. . Robins Dry Dock Repair Co.New York Court of Appeals · 1924
- City of Boston v. Keene Corp.Massachusetts Supreme Judicial Court · 1989
- Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922
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