The location, construction, maintenance or operation of said lines of railroad in so far as the same are located longitudinally upon an elevated structure upon a public way or place shall be deemed an additional servitude, and shall entitle parties having an estate in such public ways or places, or in premises which abut thereon, and who are damaged by reason of such location, construction, maintenance and operation, to recover such damages from the electric railroad company under chapter seventy-nine.
Massachusetts Legal Code