Cassidy v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed October 8, 1883, for a jury to assess damages alleged to have been incurred by the petitioner in the use and occupation of his land and dwelling-house, by reason of the respondent’s elevating its road-bed adjoining the petitioner’s land nine feet, on March 23, 1882, according to a location filed in the city clerk’s office of the city of Boston.
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Petition to the Superior Court, filed October 8, 1883, for a jury to assess damages alleged to have been incurred by the petitioner in the use and occupation of his land and dwelling-house, by reason of the respondent’s elevating its road-bed adjoining the petitioner’s land nine feet, on March 23, 1882, according to a location filed in the city clerk’s office of the city of Boston. Trial before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The petitioner, on February 9, 1883, filed his original petition with the mayor and aldermen of the city of Boston for said…
1Opinion of the CourtHolmes, J.
The taking of land for a railroad “ is an appropriation of the land to all the uses of the land for the road, necessary and incidental.....Practically the damages are commonly equal to the value of the land.....The right and power of the company to use the land within their limits may not only be exercised originally, when their road is first laid out, but continues to exist afterwards; and if, after they have commenced operations, it is found necessary, in the judgment of the company, to make further uses of the land assigned to them, for purposes incident to the safe and beneficial…
2Cases cited6 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Fay v. Salem & Danvers Aqueduct Co.Massachusetts Supreme Judicial Court · 1872
- Bates v. SmithMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Duenow v. LindemanSupreme Court of Minnesota · 1947
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
21 more not listed; retrieve them via the Exa API.