Sheldon v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Two petitions for damages caused by the abolition of a grade crossing in the town of Natick. Trial in the Superior Court, before Sheldon, J., who ruled that the petitioners could not recover, and directed the jury to return a verdict for the respondent in each case; and the petitioners alleged exceptions. The facts appear in the opinion. The cases were argued at the bar in March, 1898, and after-wards were submitted on briefs to all the justices except Holmes, J.
1Opinion of the CourtKnowlton, J.
The respondent took land under St. 1890,. e. 428, entitled “ An Act to promote the abolition of grade crossings,” and St. 1891, c. 123, in amendment thereof, for the purpose of changing its grade at a; crossing in accordance with the report of commissioners appointed' under the provisions of the statutes. It excavated the land along the line of the new location to the depth of about fifteen feet below the level of its former roadbed, and thereby permanently drained the wells of the petitioners on their lands a short distance away from the land taken, and separated from it by the land of other…
2Cases cited9 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Dana v. City of BostonMassachusetts Supreme Judicial Court · 1898
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3Cited by28 opinions
- Bd. of Com'rs of Creek v. Alexander, St. TreasurerSupreme Court of Oklahoma · 1916
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Pierce's CaseMassachusetts Supreme Judicial Court · 1950
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- White v. City of North YakimaWashington Supreme Court · 1915
23 more not listed; retrieve them via the Exa API.