Allen v. City of Boston
Massachusetts Supreme Judicial Court
Tort, to recover damages for injury to the plaintiff’s health and business. The writ was dated June 6, 1890. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The plaintiff occupied, under a lease, a store and basement in the premises numbered 12 and 14 on Winter Street in the city of Boston.
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Tort, to recover damages for injury to the plaintiff’s health and business. The writ was dated June 6, 1890. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The plaintiff occupied, under a lease, a store and basement in the premises numbered 12 and 14 on Winter Street in the city of Boston. In that street there was a public drain or common sewer, twenty-four inches wide and eighteen inches deep, designated on the plan of a portion of Winter Street given on page 327 as “ Old Sewer, 1825-27.” It was constructed — although by whom, or…
1Opinion of the CourtAllen, J.
1. The first objection now urged by the defendant is that the plaintiff’s lessor acted in violation of law in building his cellar into the highway. This objection is untenable. There is no doubt that the general easement in the public acquired by the location of a highway extends to the limits of the highway as located. Commonwealth v. King, 13 Met. 115, 119. The right of the public includes various underground uses, of which the construction of sewers is one. Boston v. Richardson, 13 Allen 146, 159, 160. But the owner of the land over which a highway is laid retains his right in the soil for…
2Cases cited11 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
44 more not listed; retrieve them via the Exa API.