Providence, Fall River & Newport Steamboat Co. v. City of Fall River
Massachusetts Supreme Judicial Court
Sis petitions, filed July 16 and 17, 1901, and January 23, August 11 and December 11, 1902^ for damages from changes required to abolish grade crossings in Fall River under St. 1900, c. 472, and the statutes referred to therein. The cases were referred to Charles W. Clifford, Esquire, as auditor.
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Sis petitions, filed July 16 and 17, 1901, and January 23, August 11 and December 11, 1902^ for damages from changes required to abolish grade crossings in Fall River under St. 1900, c. 472, and the statutes referred to therein. The cases were referred to Charles W. Clifford, Esquire, as auditor. He reported that the gross damage was $24,000, and apportioned $18,000 to the Providence, Fall River and Newport Steamboat Company, $4,000 to Keogh, and $2,000 to Borden and Remington, with interest in each case from January 1, 1902, the date of the taking. In the Superior Court Bell, J. refused to…
1Opinion of the CourtKnowlton, C. J.
One of the most important questions in these cases arises in construing the St. of 1900, c. 472, which is an act providing for the abolition of grade crossings in Fall *47River. In Providence, Fall River & Newport Steamboat Co. v. Fall River, 183 Mass. 535, it was held that this was special legislation, adopting and establishing a particular scheme for a public improvement, which superseded the action of the court, and finally determined the details of the changes to be made in the interest of the general public. The question now before us is whether the statute worked a change of the title to…
2Cases cited6 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
- Hay v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1877
- Manson v. City of BostonMassachusetts Supreme Judicial Court · 1895
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3Cited by11 opinions
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- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
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