Hyde v. Boston & Worcester Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for trespass upon the plaintiff’s premises. Writ dated January 28, 1904. Originally the action was brought against the Boston and Worcester Street Railway Company alone. Later, upon motion of the plaintiff, James F. Shaw and Edward P. Shaw, doing business as James F. Shaw and Company, and Ransom Rowe and Bonfiglis Perini, doing business as Rowe and Perini, were joined as parties defendant.
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Tort for trespass upon the plaintiff’s premises. Writ dated January 28, 1904. Originally the action was brought against the Boston and Worcester Street Railway Company alone. Later, upon motion of the plaintiff, James F. Shaw and Edward P. Shaw, doing business as James F. Shaw and Company, and Ransom Rowe and Bonfiglis Perini, doing business as Rowe and Perini, were joined as parties defendant. In the Superior Court the ease was tried before Grashill, J. The plaintiff was the owner of a farm' situated upon both sides of Center Road, which is. a public way in the town of South-borough. The…
1Opinion of the CourtRugg, J.
This case must be decided in the light of several recent decisions respecting the liability of street railway companies and municipalities for the construction of street railways in accordance with locations duly granted. Purinton v. Somerset, 174 Mass. 556, was an action of tort against a town for damages sustained by the plaintiff by reason of the lowering of a public highway, upon which his land abutted, by a street railway company acting under the authority of a location granted by the selectmen. The defendant was held not liable. Vigeant v. Marlborough, 175 Mass. 459, and Underwood v.…
2Cases cited19 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Howe v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
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3Cited by12 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Jubilee Yacht Club v. Gulf Refining Co.Massachusetts Supreme Judicial Court · 1923
- Leroy v. Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1934
7 more not listed; retrieve them via the Exa API.