Where injury is occasioned to an adjoining estate by a change of the grade of a highway, the owner's right of action is complete when such change is made, and is not affected by his conveyance of the premises prior to the filing of a petition for the assessment of damages.
PIKE, J.
The injury for which the plaintiff seeks damages was complete when the change of grade was made, and he was then entitled to compensation for the defendants' act. His right of action was not affected by the conveyance of the premises. Boynton v. Railroad, 4 Cush. 467, 469; Moore v. Boston, 8 Cush. 274; New York New England R.R. v. Drury, 133 Mass. 167, 169; Bean v. Warner, 38 N.H. 247.
Exception overruled.
PARSONS, J., did not sit: the others concurred.