Fitchburg Railroad v. Frost
Massachusetts Supreme Judicial Court
Tort for removing a fence at the crossing of Vine Street, a private way in Somerville, by the plaintiff’s railroad. Trial in the Superior Court, without a jury, before Pitman, J., who found for the defendant. The plaintiff alleged exceptions to a refusal of the jndge to rule that there was not evidence sufficient to warrant a finding that the defendant had a right of way, as claimed by him, across the railroad at Vine Street. The evidence appears in the opinion.
1Opinion of the CourtDevers, J.
By the original location of the plaintiff’s railroad, the defendant’s farm was divided into two parts, and over the road as constructed there were in use three crossings, one of which was near certain works known as the Tube Works, and another of which was called Vine Street. The road was constructed in 1840, and the tracks were removed about three hundred feet farther south in 1850, under an agreement made in 1849, between the plaintiff and the defendant, that the defendant would convey to the plaintiff the right to maintain its road over the more southerly strip of land, “ the said company…
2Cases cited3 opinions
- Turner v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Gay v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Eames v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- McLemore v. Charleston & Memphis RailroadTennessee Supreme Court · 1902
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- McCreary v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Hall v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
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