Hyde v. City of Fall River
Massachusetts Supreme Judicial Court
Petition, filed on December 31, 1902, under St. 1890, as amended by St. 1901, c. 123, now P. L. c. Ill, §§ 149-160, for damages to land of the petitioners caused by the abolition of the grade crossing of Ferry Street in Fall Pi ver by the railroad of the Old Colony Pailroad Company, the change of grade having been made by the construction of a street upon an embankment supported by a retaining wall forty feet away from the land of the petitioners on the opposite side of the…
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Petition, filed on December 31, 1902, under St. 1890, as amended by St. 1901, c. 123, now P. L. c. Ill, §§ 149-160, for damages to land of the petitioners caused by the abolition of the grade crossing of Ferry Street in Fall Pi ver by the railroad of the Old Colony Pailroad Company, the change of grade having been made by the construction of a street upon an embankment supported by a retaining wall forty feet away from the land of the petitioners on the opposite side of the street. The first trial of the case was before Lawton, J., who ordered a verdict for the respondent and reported the…
1Opinion of the CourtBRaley, J.
In Hyde v. Fall River, 189 Mass. 439, it was held that the petitioners could recover for any direct and specific damage caused to their estate by the erection and maintenance of the embankment on the opposite side of the street, but for any inconvenience and injury arising from the discontinuance of a portion of the street as a public way, their damage being of the same kind even if greater in degree than that of the general public, there was no remedy.
At the second trial the petitioners introduced evidence that the rental and present value of the premises as a whole had been very appreciably…
2Cases cited4 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Sullivan v. FugazziMassachusetts Supreme Judicial Court · 1907