Boston Belting Co. v. City of Boston
Massachusetts Supreme Judicial Court
Petition, under the St. of 1874, c. 196, for a jury to assess the damages caused by changes made by the respondent in the channel of Stony Brook. In the Superior Court, a demurrer to the petition was sustained, and the petition dismissed; and the petitioner appealed to this court. The material facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The St. of 1874, c. 196, authorized the city of Boston, for the purpose of surface drainage, to remove obstructions in or over Stony Brook, in Boston, and to alter the course and deepen the channel of the brook, and, for more effectually making said improvements, to take or purchase land on either side of the channel, or any channel into which said water might be diverted; and provided that any person injured in his property by any of the acts done by the city under the statute should have compensation therefor. It also provided that the expenses incurred in making the improvement might be…
2Cases cited3 opinions
- Marsden v. City of CambridgeMassachusetts Supreme Judicial Court · 1874
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Boston Belting Co. v. City of BostonMassachusetts Supreme Judicial Court · 1889
3Cited by5 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Citizens National Bank v. Mid-States Development Co.Indiana Court of Appeals · 1978
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- Oelschleger v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Strickford v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904