Presbrey v. Old Colony & Newport Railway Co.
Massachusetts Supreme Judicial Court
Petition to the county commissioners for the assessment by a jury of damages occasioned by taking land of the petitioner, in Taunton, for the construction of the respondents’ railroad Hearing by the jury on July 12, 1869, before the sheriff, the material, parts of whose certificate were substantially as follows : The petitioner was the owner of a tract of land in Taunton containing several acres, bounded westerly by Weir Street and easterly by Ingell Street, both public…
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Petition to the county commissioners for the assessment by a jury of damages occasioned by taking land of the petitioner, in Taunton, for the construction of the respondents’ railroad Hearing by the jury on July 12, 1869, before the sheriff, the material, parts of whose certificate were substantially as follows : The petitioner was the owner of a tract of land in Taunton containing several acres, bounded westerly by Weir Street and easterly by Ingell Street, both public highways, and, some time before March 15,1865, the date of the location of the respondents’ railroad, opened and built a way…
1Opinion of the CourtWells, J.
One question raised at the trial, though not argued here, was, that no damages could be given on account of the obstruction to the road leading from the highway across the land >of the petitioner, because no application had been made therefor within one year. Gen. Sts. c. 63, § 28. But a road across one’s own land is not a “private way” within the meaning'of'that statute. The ruling of the sheriff upon this point was- correct..
The.ruling was correct, also, as to the right of the petitioner *5to cross the railroad; or to continue the use of the street laid out by him so as to cross “to and from…
2Cases cited1 opinion
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
3Cited by54 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
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