Boston & Albany Railroad v. City of Cambridge

This petition for the assessment of damages caused by the laying out of Front Street in Cambridge across the petitioner’s railroad, on July 20, 1888, under the St. 1882, c. 155, and the St. 1887, c. 282, comes before us upon a report from the Superior Court presenting questions raised by both parties.

1. Considering first the respondent’s contention that the laying out of a highway across an existing railroad is not such an appropriation of individual property to public uses as to require that the owner shall receive a reasonable compensation therefor, *285the contrary doctrine is well settled in…