Farwell v. City of Boston
Massachusetts Supreme Judicial Court
Petition under St. 1897, c. 519, § 4, for damages for the taking, by commissioners on the abolition of the grade crossing of the Old Colony Railroad and Dorchester Avenue in that part of Boston called South Boston, of certain land of the petitioner for the location of a highway eighty feet in width leading from Dorchester Avenue, provided for in § 3 of the act above named, and also for damages to the remaining land of the petitioner caused by the removal of the railroad,…
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Petition under St. 1897, c. 519, § 4, for damages for the taking, by commissioners on the abolition of the grade crossing of the Old Colony Railroad and Dorchester Avenue in that part of Boston called South Boston, of certain land of the petitioner for the location of a highway eighty feet in width leading from Dorchester Avenue, provided for in § 3 of the act above named, and also for damages to the remaining land of the petitioner caused by the removal of the railroad, thereby depriving the petitioner of the use of it, which was essential to the business of a kindling wood manufacturer…
1Opinion of the CourtLoring, J.
This is a case arising out of the alteration in the grade crossing of Dorchester Avenue by the Old Colony Railroad, made in pursuance of St. 1897, c. 519. The alteration made in case of this crossing consisted in the entire abandonment of the railroad location for a distance of over a mile, a new location for the tracks of the Old Colony Railroad along *435the shore of South Cove, and the layout of a new highway over the railroad location which had been abandoned.
Before the change in grade, the petitioner was the owner of a woodyard fronting on that part of the Old Colony’s location which was…
2Cases cited2 opinions
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
3Cited by6 opinions
- Lewis Clark County v. NettMontana Supreme Court · 1928
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
- Smith v. StateCourt of Special Appeals of Maryland · 1985
- Mullin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
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