Buck v. Inhabitants of Great Barrington
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on June 29,1907, under R. L. c. Ill, § 153, for damages resulting from the discontinuance, in the course of the abolition of a grade crossing of a railroad with East Main Street in Great Barrington, of a portion of that street upon which, it was alleged, the petitioner’s premises abutted.
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Petition, filed in the Superior Court on June 29,1907, under R. L. c. Ill, § 153, for damages resulting from the discontinuance, in the course of the abolition of a grade crossing of a railroad with East Main Street in Great Barrington, of a portion of that street upon which, it was alleged, the petitioner’s premises abutted. The case was tried before Aiken, C. J. A copy of the material portion of the plan, .upon which the decree as to the abolition of the crossing and discontinuance of the portion of the street in question was based, is printed below: The bill of exceptions states that it…
1Opinion of the CourtSheldon, J.
The respondent’s -contention is that the petitioner’s premises did not in any legal sense abut upon the discontinued portion of the highway, and therefore, as no land of hers was taken, she is not entitled to recover any damages under the provisions of K.. L. c. Ill, § 153, now St. 1906, c. 463, Part I, § 37, that “ all damages which may be sustained by any person in his property by the taking of land for or by the alterations of the grade of a public way, or by an abutter thereon by the discontinuance of such public way, to the same extent as damages are recoverable by abutters on ways…
2Cases cited2 opinions
- Nichols v. Inhabitants of RichmondMassachusetts Supreme Judicial Court · 1894
- Webster v. City of LowellMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- Nichols v. CommonwealthMassachusetts Supreme Judicial Court · 1954
- Betty Corporation v. CommonwealthMassachusetts Supreme Judicial Court · 1968