Annual Report of the Board of Railroad Commissioners 1880

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It cannot well be objected to a decision founded upon settled law, that under it the demands of equity and of simple justice will be enforced.
It may be well to add, although it is not necessary for the decision of this case, that the petitioners seem to be in error when they suppose that they could build their contemplated roads, if it were lawful to do so at all, with- out paying for the damage and annoyance and loss of value to property caused by their construction and operation. Whatever th
...e law may be in other states, this monstrous injustice would not be permitted here. A long series of cases in Massachusetts makes a raih'oad company liable for all incidental damages. " A party who sustains an actual and real damage, capable of being pointed out, described and appreciated, may sue a com- plaint for compensation for damage" (Parker v. Boston & Maine Railroad, 3 Gushing, 107, 113). And a recent decision of the Supreme Court of New York (Caro v. New York Elevated Railroad) seems to show that such is probably the law of that state, although the case is now pending in the Court of Appeals.

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