Peabody v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for injury to certain real estate of the plaintiff numbered 24 on Buckingham Street in Boston, alleged to have been caused by illegal acts of the defendant in raising the grade of that street without authority, assuming to act under the provisions of St. 1896, c. 516. Writ dated October 8, 1902. At the trial in the Superior Court before Wait, J. the jury returned a verdict for the plaintiff, and assessed the damages in the sum of $1,800, with a statement that they…
Read the full summary
Tort for injury to certain real estate of the plaintiff numbered 24 on Buckingham Street in Boston, alleged to have been caused by illegal acts of the defendant in raising the grade of that street without authority, assuming to act under the provisions of St. 1896, c. 516. Writ dated October 8, 1902. At the trial in the Superior Court before Wait, J. the jury returned a verdict for the plaintiff, and assessed the damages in the sum of $1,800, with a statement that they included interest. The defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtBraley, J.
This is an action of tort to recover damages to the plaintiff’s property caused by the wrongful acts of the defendant between June 1 and October 1, 1899, in raising the grade of a part of Buckingham Street on which his premises abutted.
' The work was performed in connection with the construction of the Back Bay station in the city of Boston under the provisions of St. 1896, c. 516, which authorized the Boston and Providence Railroad Corporation by the exercise of the right of eminent domain to take such lands, and make such changes in the public ways as might be required for this purpose, but…
2Cases cited13 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Peabody v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- McLellan v. FullerMassachusetts Supreme Judicial Court · 1917
- Johnson v. City of LowellMassachusetts Supreme Judicial Court · 1922
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
15 more not listed; retrieve them via the Exa API.