Fall River Iron Works Co. v. Old Colony & Fall River Railroad
Massachusetts Supreme Judicial Court
Bill in equity by a corporation having its principal place oi business in Fall River, averring that the defendants, before the year 1861, in pursuance of authority duly granted by the legislature, had laid out and constructed a railroad commencing at a wharf of the plaintiffs in Fall River called the New Steamboat Wharf, situated about fifty rods south from the mouth of the Fall River stream, and thence running northerly and by various courses to Boston; that the plaintiffs…
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Bill in equity by a corporation having its principal place oi business in Fall River, averring that the defendants, before the year 1861, in pursuance of authority duly granted by the legislature, had laid out and constructed a railroad commencing at a wharf of the plaintiffs in Fall River called the New Steamboat Wharf, situated about fifty rods south from the mouth of the Fall River stream, and thence running northerly and by various courses to Boston; that the plaintiffs are seised in fee and possessed of the land and a continuous wharf thereon, about two hundred feet in length, on the…
1Opinion of the CourtBigelow, C. J.
So far as this bill seeks to enforce a remedy in behalf of the plaintiffs to prevent the defendants from *224erecting a bridge and constructing a railroad over tide-waters, and thereby creating a public nuisance by causing an obstruction to navigation, it cannot be maintained. The plaintiffs do not allege that such obstruction will cause any special or peculiar damage to them, nor is it made to appear by the evidence that they will sustain any injury thereby, differing in kind from that which will be suffered by all others who may have occasion to use said waters for purposes of navigation. The…
2Cited by6 opinions
- Sublett v. City of TulsaSupreme Court of Oklahoma · 1965
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Pedrick v. . R. R.Supreme Court of North Carolina · 1906
- City of Nashville v. VaughnTennessee Supreme Court · 1929
- Ward v. Board of EducationWest Virginia Supreme Court · 1917
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