Wellington v. Boston & M.R.r.
| Decision Date | 17 October 1895 |
| Parties | WELLINGTON et al v. BOSTON & M.R.R. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John D. Long and B.E. Perry, for petitioners.
Solomon Lincoln and Sigourney Butler, for respondent.
When this case was first here, we saw nothing to indicate that any recoverable damages were caused to lands of the petitioners not taken, save to their lots immediately adjoining the parcels taken or abutting on the same street with the railroad. Wellington v. Railroad, 158 Mass. 185, 33 N.E. 393. In the opinion of a majority of the court, no reason to change this intimation is shown by the present bill of exceptions, and we think the defendant was entitled to the ruling requested to that effect. Upon the evidence, all the other lands of the petitioners had been made separate and distinct parcels by transforming the locality into a village with wrought and traveled streets, and making all the land not included in the streets into exactly defined house lots, some of which had been sold to other persons, and each of which then owned by the petitioners was held for the distinct purpose of independent sale. Whether a particular lot of land constitutes an independent parcel is a question which cannot be determined in the affirmative by the mere fact that it is separated from other land by a highway or street, or by paper lines, or by fences; nor can it be determined in the negative by the mere fact that it is all in one ownership, and is not divided by streets or by paper lines. But when, as in the present case, the evidence shows that there is an actual division by streets, wrought and in use for travel, and by recorded paper lines, and there is no evidence that any two of the lots are used together, or are held for sale as one parcel, and the only use shown is a separate and distinct use and holding of each lot by itself, we think each lot is a separate and distinct parcel. Exceptions sustained. Verdict set aside.
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...are separate and independent as a matter of law. Todd v. Kankakee & I. Railroad Co., 1875, 78 Ill. 530; Wellington v. Boston & M. Railroad Co., 1895, 164 Mass. 380, 41 N.E. 652. 'When land is unoccupied and so not devoted to use of any character, and especially when it is held for purposes ......
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