Cornell-Andrews Smelting Co. v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Petition, filed on March 19, 1906, for damages resulting to the petitioner from the discontinuance of a private way called Maple Street in Attleborough in the process of the abolition of a grade crossing of the respondent. The case was tried before Hardy, J., together with another case by the same petitioner against the town of Attleborough, and six cases by Clarence L. Watson against this defendant and the town.
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Petition, filed on March 19, 1906, for damages resulting to the petitioner from the discontinuance of a private way called Maple Street in Attleborough in the process of the abolition of a grade crossing of the respondent. The case was tried before Hardy, J., together with another case by the same petitioner against the town of Attleborough, and six cases by Clarence L. Watson against this defendant and the town. It appeared that the petitioner was the lessee of premises shown on the accompanying plan from Clarence L. Watson. The term of the lease was ten years from April 2,1900, and it was…
1Opinion of the CourtBraley, J.
The petitioner, which held a lease of a part of the premises, and the landowner having severally brought suits against the respondent and the town to recover damages caused to their respective estates by the discontinuance of a private way at a grade crossing and by the taking of land for a public way, laid out and built pursuant to the decree, the cases were tried together in accordance with the provisions of R. L. c. 48, §§ 20, 23. The joinder for the convenience of trial, however, having worked no change in the statutory liability of the respondents, which remained several and not joint,…
2Cases cited34 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
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3Cited by11 opinions
- City of Pleasant Hill v. First Baptist ChurchCalifornia Court of Appeal · 1969
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- Wellington v. CambridgeMassachusetts Supreme Judicial Court · 1915
6 more not listed; retrieve them via the Exa API.