Legal Opinion

Baker v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided April 1, 1903PublishedCited by 13 opinions

1Opinion of the CourtKnowlton, C. J.

This is a petition under the St. 1894, c. 548, to recover damages to the petitioner’s property, caused by the location, construction, maintenance and operation of an elevated railway through Harrison Avenue, a street in Boston, in front of the petitioner’s premises. The questions in the case relate to noise as an element of damage in such cases. The Chief Justice of the Superior Court, who heard the case without a jury, “ found that the noise occasioned by the operation of the respondent’s elevated railway was such in origin, character and extent as that but for the statute authority would…

2Cases cited11 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
  3. Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
  4. Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
  5. Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
  2. Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
  3. Stuhl v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
  4. Tidewater Railway Co. v. ShartzerSupreme Court of Virginia · 1907
  5. Hyde v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907

8 more not listed; retrieve them via the Exa API.

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