Putnam v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Petition, filed March 13,1899, under St. 1896, c. 516, § 23, making applicable Pub. Sts. c. 112, §§ 95, 100, to recover damages for injury to certain land of the petitioners on Lehigh Street in Boston caused by the acts of the Boston and Providence Railroad Corporation in raising the grade of Lehigh Street, beginning at a point twenty-five feet from the petitioners’ land between that land and Albany Street.
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Petition, filed March 13,1899, under St. 1896, c. 516, § 23, making applicable Pub. Sts. c. 112, §§ 95, 100, to recover damages for injury to certain land of the petitioners on Lehigh Street in Boston caused by the acts of the Boston and Providence Railroad Corporation in raising the grade of Lehigh Street, beginning at a point twenty-five feet from the petitioners’ land between that land and Albany Street. In the Superior Court the case came on to be heard before Fessenden, J., upon an auditor’s report. The judge ruled fro forma that the petitioners could not recover, ordered judgment for…
1Opinion of the CourtKnowlton, C. J.
The petitioners are the owners of twenty-two thousand three hundred square feet of land with a wharf and a dock and buildings upon it, abutting about seventy-five feet on Lehigh Street, which originally extended from South Street to Albany Street in Boston. Previously to the change in the street to which this petition relates, the easterly portion of Lehigh Street had been discontinued under the provisions of the St. 1896, c. 516, which provided for the construction of the terminal railway station in Boston. This discontinuance extended nearly to the easterly boundary line of the petitioners’…
2Cases cited12 opinions
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