McKeon v. New England Railroad
Massachusetts Supreme Judicial Court
Two petitions, filed in the Superior Court for the county of Suffolk on July 18, 1907, for damages alleged to have been sustained by the petitioners by reason of the abolition of the crossing at grade of Dudley Street in Boston by the New England Railroad. The substance of the petitions is stated in the opinion. Demurrers of the defendants were overruled by Richardson, J., who, at the request of the respondents, reported the cases for consideration by this court.
1Opinion of the CourtMorton, J.
These are petitions for the assessment of damages alleged to have been caused by the abolition of the grade crossing on Dudley Street in Boston. The cases come here.on report after a demurrer in each had been overruled, and the question is the same in both. They were argued together and we proceed to consider them together.
The McKeon petition, after describing the premises and after referring to the decree of the Superior Court under which the defendants have acted, alleges that the defendants “ have caused and are causing great damage to the petitioner’s property by the erection of retaining…
2Cases cited9 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Peabody v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
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3Cited by11 opinions
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- Dickinson v. New England Power Co.Massachusetts Supreme Judicial Court · 1926
- Fifty Associates v. City of BostonMassachusetts Supreme Judicial Court · 1909
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