Imbescheid v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Petition, for an assessment of damages occasioned to the land and buildings of the petitioner in Boston by a taking by the respondent, under St. 1892, c. 433, entitled “ An Act relating to the abolition of certain grade crossings of the Boston and Providence Railroad,” and St. 1893, c. 126, entitled “ An Act in relation to raising the grade and changing the location of the Providence Division of the Old Colony Railroad in the city of Boston.”
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Petition, for an assessment of damages occasioned to the land and buildings of the petitioner in Boston by a taking by the respondent, under St. 1892, c. 433, entitled “ An Act relating to the abolition of certain grade crossings of the Boston and Providence Railroad,” and St. 1893, c. 126, entitled “ An Act in relation to raising the grade and changing the location of the Providence Division of the Old Colony Railroad in the city of Boston.” Trial in the Superior Court, before Dewey, J., who ruled that the petitioner was entitled to interest from the date of the taking, and, after a verdict…
1Opinion of the CourtBarker, J.
The verdict is for damages assessed at the sum of $17,478.40 as of the day when the land and buildings were taken, and for an added amount for interest from the time of the taking to the date of the verdict. The petitioner refused to vacate the land and buildings when requested, after the taking, and continued to use and enjoy them for a year, and gave them up only when the respondent brought against him a bill in equity founded on the taking and the petitioner’s refusal to give up possession. The question presented by the report is whether, *210under these circumstances, the petitioner can…
2Cases cited15 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
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3Cited by17 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Clark v. CoxSupreme Court of Connecticut · 1947
- Pegler v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1900
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Flagg v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1916
12 more not listed; retrieve them via the Exa API.