Butchers Slaughtering & Melting Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on October 4, 1907, under St. 1902, c. 464, for damages alleged to have been caused to the petitioner by the construction without a draw of the bridge across the Charles River between Boston and Cambridge authorized by Sts. 1898, c. 467; 1899, c. 180, and the U. S. St. of March 29, 1900, c. 116. There was a trial before Harris, J., in the course of which the petitioner offered the testimony of experts as to the amount of the injury to…
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Petition, filed in the Superior Court on October 4, 1907, under St. 1902, c. 464, for damages alleged to have been caused to the petitioner by the construction without a draw of the bridge across the Charles River between Boston and Cambridge authorized by Sts. 1898, c. 467; 1899, c. 180, and the U. S. St. of March 29, 1900, c. 116. There was a trial before Harris, J., in the course of which the petitioner offered the testimony of experts as to the amount of the injury to the petitioner’s wharf property, and it became necessary to define what was meant by the phrase in St. 1902, c. 464, § 1,…
1Opinion of the CourtBraley, J.
The petitioner’s property, consisting of about fifty acres of land, fronts upon a navigable stream or arm of the sea where the extensive frontage has been improved by the construction of a retaining wall and of two wharves, one of which is occupied by the petitioner for the landing of its own materials and supplies, while the other is leased to a tenant who uses it for the storage and sale of coal. A bridge having been constructed without a draw and opened for public travel below the wharves, the petition is brought to. recover damages for interference with transportation by the restriction…
2Cases cited9 opinions
- Manchester v. MassachusettsSupreme Court of the United States · 1891
- Home for Aged Women v. CommonwealthMassachusetts Supreme Judicial Court · 1909
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3Cited by14 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
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- Jubilee Yacht Club v. Gulf Refining Co.Massachusetts Supreme Judicial Court · 1923
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