Blackwell v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration contained ten counts. The first alleged that the plaintiff, before and at the time of the committing of the grievances hereinafter mentioned, was, and from thence hitherto has been, and still is the owner, and lawfully possessed of a certain parcel of land, [which was described by metes and bounds,] situated in that part of Sandwich called Monument, on the Monument River, a navigable stream, and arm of the sea, in the county of Barnstable, including the…
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Tort. The declaration contained ten counts. The first alleged that the plaintiff, before and at the time of the committing of the grievances hereinafter mentioned, was, and from thence hitherto has been, and still is the owner, and lawfully possessed of a certain parcel of land, [which was described by metes and bounds,] situated in that part of Sandwich called Monument, on the Monument River, a navigable stream, and arm of the sea, in the county of Barnstable, including the wharf, lying adjoining thereto on said river, together with all privileges and appurtenances thereto belonging; that…
1Opinion of the CourtGray, C. J.
The act of the defendant, for which the plaintiff in various counts seeks compensation, is the building of a bridge across a navigable stream and arm of the sea. The direct injury alleged is to the navigation of the stream, to which the plaintiff is entitled only in common with the whole public; and the remedy for that injury is by indictment, and not by private action. The fact that the plaintiff alone now navigates the stream, or has a wharf thereon at which he carries on business, only shows that the present consequential damage to him may be greater in degree than to others, but does not…
2Cases cited1 opinion
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
3Cited by35 opinions
- Stop & Shop Companies, Inc. v. FisherMassachusetts Supreme Judicial Court · 1983
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Michaelson v. Silver Beach Improvement Ass'n, Inc.Massachusetts Supreme Judicial Court · 1961
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
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