Nashua River Paper Co. v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed in the clerk’s office of the Supreme Judicial Court for the county of Worcester on June 10, 1899, under St. 1895, c. 488, § 14, for injury to real estate of the petitioner in the town of Pepperell, including two paper mills and their appurtenances, by the taking of the waters of the Nashua River.
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Petition, filed in the clerk’s office of the Supreme Judicial Court for the county of Worcester on June 10, 1899, under St. 1895, c. 488, § 14, for injury to real estate of the petitioner in the town of Pepperell, including two paper mills and their appurtenances, by the taking of the waters of the Nashua River. In accordance with an agreement of the parties, the case was reserved by Hammond, J. for determination by the full court, upon the question stated at the beginning of the opinion.
1Opinion of the CourtKnowlton, C. J.
The only question reserved for our consideration is “ whether the petitioner was entitled to have the loss of profits resulting from a temporary interruption of its business, caused by the taking, considered by the commission in making its award.” We understand this to refer to the damage to business as distinguished from the diminution in rental value of the property, caused by temporary conditions affecting the uses to which it was adapted, including its use in the business then carried on upon it. Such a diminution, although only temporary, is paid for in assessing damages to property…
2Cases cited8 opinions
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Bailey v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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3Cited by8 opinions
- R. J. Widen Company v. The United States and Commonwealth of Massachusetts, Third-PartyCourt of Appeals for the Third Circuit · 1966
- Wine v. CommonwealthMassachusetts Supreme Judicial Court · 1938
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- Sullivan v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Connor v. Metropolitan District Water Supply CommissionMassachusetts Supreme Judicial Court · 1943
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