Wellington v. Cambridge
Massachusetts Supreme Judicial Court
Petition, filed on May 7, 1908, against the city of Cambridge under St. 1903, c. 372, § 4, for the assessment by a jury of damages for injury to property of the petitioner from the construction of a bridge with a draw across the Lechmere Canal, so called, in continuation of the lines of the highway known as Commercial Avenue.
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Petition, filed on May 7, 1908, against the city of Cambridge under St. 1903, c. 372, § 4, for the assessment by a jury of damages for injury to property of the petitioner from the construction of a bridge with a draw across the Lechmere Canal, so called, in continuation of the lines of the highway known as Commercial Avenue. In the Superior Court the case first was tried before Hitchcock, J. The jury found for the petitioner in the sum of $15,365.61, and exceptions alleged by the respondent were sustained by this court in a decision reported in 214 Mass. 35. There was a new trial of the case…
1Opinion of the CourtBraley, J.
It was held in Wellington v. Cambridge, 214 Mass. 35, that while the petitioner had acquired no right by grant to have vessels anchored at his wharf overlap other wharves bordering on the canal, there was evidence that such right had been gained by prescription. The evidence at the second trial, that for at least twenty-eight years the forward hatches of vessels while unloading coal would overlap the adjoining wharf by more than two thirds of their length, was sufficient to warrant the jury in finding the acquisition of an easement by prescription which did not interfere with any right of the…
2Cases cited17 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
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3Cited by12 opinions
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Parker v. LevinMassachusetts Supreme Judicial Court · 1934
- City of Revere v. Revere Construction Co.Massachusetts Supreme Judicial Court · 1934
- Consolini v. CommonwealthMassachusetts Supreme Judicial Court · 1963
- Meisel Press Manufacturing Co. v. City of BostonMassachusetts Supreme Judicial Court · 1930
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