Taylor v. Boston, Cape Cod & New York Canal Co.
Massachusetts Supreme Judicial Court
Petition, filed on April 20, 1911, under St. 1899, c. 448, § 16, for the assessment of damages to the petitioner’s oyster beds in Buzzards Bay alleged to have been caused by the construction of the Cape Cod Canal.
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Petition, filed on April 20, 1911, under St. 1899, c. 448, § 16, for the assessment of damages to the petitioner’s oyster beds in Buzzards Bay alleged to have been caused by the construction of the Cape Cod Canal. In the Superior Court the case was tried before Jenney, J. At the close of the evidence, which is described in the opinion, the respondent asked the judge to rule that on all the evidence the jury should find for the respondent and to give this and certain other instructions to the jury. The judge refused to give this and other instructions requested and submitted the case to the…
1Opinion of the CourtBraley, J.
The petitioner before and after the enactment of St. 1899, c. 448, incorporating the respondent company had been lawfully granted several licenses “to plant, grow and dig oysters at all times in the year in and upon the flats in the tide waters of Buzzards Bay ” within the limits of the town of Bourne. Pub. Sts. c. 91, §§ 97,98. St. 1884, c. 284. St. 1885, c. 220. St. 1886, c. 299. R L. c. 91, §§ 104, 105, 106. And through successful propagation and cultivation he had become the owner of a large quantity of merchantable oysters embedded within the area covered by the grants.
Until the licenses…
2Cases cited5 opinions
- Devney's CaseMassachusetts Supreme Judicial Court · 1916
- Bent v. Woodward EmeryMassachusetts Supreme Judicial Court · 1899
- Wellington v. CambridgeMassachusetts Supreme Judicial Court · 1915
- Keene v. GiffordMassachusetts Supreme Judicial Court · 1893
- Griffith v. SavaryMassachusetts Supreme Judicial Court · 1902
3Cited by1 opinion
- Boston, Cape Cod & New York Canal Co. v. HenshawMassachusetts Supreme Judicial Court · 1918