Commonwealth v. Boston Terminal Co.
Massachusetts Supreme Judicial Court
Petition, filed January 4, 1898, for the assessment of damages for lands of the Commonwealth lying below extreme low water mark, taken in fee by the respondent under St. 1896, c. 516. In the Superior Court the case was heard by Hardy, J. upon the petition, a demurrer and agreed facts.
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Petition, filed January 4, 1898, for the assessment of damages for lands of the Commonwealth lying below extreme low water mark, taken in fee by the respondent under St. 1896, c. 516. In the Superior Court the case was heard by Hardy, J. upon the petition, a demurrer and agreed facts. The judge overruled the demurrer, and, at the request of the parties, being of opinion that the questions involved ought to be determined by this court before any further proceedings in the Superior Court, reported the case for such determination.
1Opinion of the CourtBraley, J.
It must now be taken as settled that the territorial limits of the Commonwealth extend one marine league from its seashore at the line of extreme low water, and the title to the land within these boundaries, except as it may have been granted to others or acquired by them previously to St. 1867, c. 275, by prescription is vested in the State. St. 1859, c. 289. Gen. Sts. c. 1, § 1. Pub. Sts. c. 1, § 1. Dunham v. Lamphere, 3 Gray, 268, 270. Wonson v. Wonson, 14 Allen, 71, 82. Nichols v. Boston, 98 Mass. 39. Commonwealth v. Manchester, 152 Mass. 230, 240. Attorney Gteneral v. Revere Copper Co.…
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