Hamlin v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed April 11, 1898, against the New York, New Haven, and Hartford Railroad Company and the Old Colony Railroad Company, to restrain the obstruction of a right of way. Hearing before Hammond, J., who reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
In the year 1815 the plaintiffs’ predecessor in title, owning the tract of land through which a railroad was about to be built, conveyed to the company which was to build the railroad the strip of his land subsequently described in the location of April 16, 1816. The grantor owned other lands on each side of the strip, and his deed stipulated that the company should make a suitable road crossing. More than one crossing was used during the first nine or ten years. In 1854, by two deeds, parts of one transaction, the landowner released to the company all the rights to pass over the railroad,…
2Cases cited9 opinions
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3Cited by7 opinions
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