Wellington v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a sheriff’s jury, to assess the damages sustained by the taking by the respondent of the petitioners’ land in that part of Medford called Wellington. After the former decision, reported 158 Mass. 185, a new jury was summoned, and returned verdicts for the petitioners.
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Petition to the county commissioners for a sheriff’s jury, to assess the damages sustained by the taking by the respondent of the petitioners’ land in that part of Medford called Wellington. After the former decision, reported 158 Mass. 185, a new jury was summoned, and returned verdicts for the petitioners. From the sheriff’s return, it appeared that four parcels of land were taken, all of which adjoined the respondent’s railroad location, and one of which was one hundred feet wide; and that each parcel so taken was a part of the whole tract belonging to some one of the petitioners. The…
1Opinion of the CourtBarker, J.
When this case was first here we saw nothing to indicate that any recoverable damages were caused to lands of the petitioners not taken, save to their lots immediately adjoining the parcels taken or abutting on the same street with the railroad. Wellington v. Boston Maine Railroad, 158 Mass. 185. In the opinion of a majority of the court, no reason to change this intimation is shown by the present bill of exceptions, and we think the respondent was entitled to the ruling requested to that effect.* Upon the evidence, all the other lands of the petitioners had been made separate and distinct…
2Cases cited1 opinion
- Wellington v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by11 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- Marchant v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924
- Louisiana Ry. & Nav. Co. v. Xavier Realty, Ltd.Supreme Court of Louisiana · 1905
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- City of Winston-Salem v. TickleCourt of Appeals of North Carolina · 1981
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