New York, New Haven, & Hartford Railroad v. Blacker
Massachusetts Supreme Judicial Court
Petitions under St. 1890, c. 428, as amended by St. 1891, c. 123, for the assessment of damages caused by the abolition of a grade crossing of the New York, New Haven and Hartford Railroad over Mount Vernon Street in Dedham, filed in the first case November 17, 1897, and in the last two cases May 6, 1898. The cases were heard in the Superior Court by Fessenden, J., without a jury, who at the request of the parties reported them for the consideration of this court, such…
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Petitions under St. 1890, c. 428, as amended by St. 1891, c. 123, for the assessment of damages caused by the abolition of a grade crossing of the New York, New Haven and Hartford Railroad over Mount Vernon Street in Dedham, filed in the first case November 17, 1897, and in the last two cases May 6, 1898. The cases were heard in the Superior Court by Fessenden, J., without a jury, who at the request of the parties reported them for the consideration of this court, such judgment to be entered as law and justice might require. The report was as follows: “ I found the facts to be: “First: . . .…
1Opinion of the CourtLoring, J.
1. The respondent’s exception to the ruling in favor of the petitioners’ contention is not well taken. Their contention was that, in assessing the damages to the petitioners’ remaining land, regard should be had to the premises as they *390were situated on May 7, 1897, the date of the decree confirming the report of the commissioners changing the grade of the crossing in question, and “taking into consideration as affecting their market value the railroad facilities as they then existed, but with the possibility of the discontinuance of the spur tracks by the railroad.”
This ruling is in accord…
2Cases cited15 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
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3Cited by28 opinions
- R. J. Widen Company v. The United States and Commonwealth of Massachusetts, Third-PartyCourt of Appeals for the Third Circuit · 1966
- Bales v. Wichita Midland Valley RailroadSupreme Court of Kansas · 1914
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Bailey v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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