Saltonstall v. New York Central Railroad
Massachusetts Supreme Judicial Court
Tort for damages caused to Trinity Court, an apartment hotel in Boston owned by the plaintiffs, by smoke, vapor, cinders and noise emitted from locomotives operated by the defendant at Trinity Place station. Writ dated June 14, 1919. The declaration contained three counts which are described in v the opinion.
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Tort for damages caused to Trinity Court, an apartment hotel in Boston owned by the plaintiffs, by smoke, vapor, cinders and noise emitted from locomotives operated by the defendant at Trinity Place station. Writ dated June 14, 1919. The declaration contained three counts which are described in v the opinion. The defendant filed a demurrer to the declaration alleging the misjoinder of two counts in tort with a count not sounding in tort and further objecting to the third count on the grounds that the defendant could not be liable in an action of tort for obeying an act of the Legislature;…
1Opinion of the CourtRugg, C. J.
This action is stated in the writ to be in tort. The declaration contains three counts. In each the plaintiffs are alleged to be owners of an apartment hotel in Boston called Trinity Court and of the land on which it is built. The lot is bounded in part on Dartmouth and Stuart streets and Trinity Place and on those premises of the Boston and Albany Railroad, on which is situated its Trinity Place station. The first two counts set out the unnecessarily noisome and negligent operation of locomotives and trains by the defendant by emitting smoke, cinders and vapors in the starting and movement…
2Cases cited26 opinions
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
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- Leroy v. Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1934
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