Wellington v. Boston & M.R.r.

• Decision Date: 17 October 1895
• Citation: Wellington v. Boston & M.R.r., 164 Mass. 380, 41 N.E. 652 (Mass. 1895)
• Parties: WELLINGTON et al v. BOSTON & M.R.R.
• Court: Supreme Judicial Court of Massachusetts

164 Mass. 380

41 N.E. 652

WELLINGTON et al v. BOSTON & M.R.R.

Supreme Judicial Court of Massachusetts, Middlesex.

October 17, 1895

COUNSEL

John D. Long and B.E. Perry, for petitioners.

Solomon Lincoln and Sigourney Butler, for respondent.

OPINION

BARKER J.

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...