Parsons v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way over the tracks of the defendant near Marlborough Junction station. Writ dated February 14, 1908. In the Superior Court the case was tried before Fox, J. The material facts are stated in the opinion.
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Tort for the obstruction of a right of way over the tracks of the defendant near Marlborough Junction station. Writ dated February 14, 1908. In the Superior Court the case was tried before Fox, J. The material facts are stated in the opinion. At the close of the evidence the parties agreed that, if the plaintiff was entitled to recover, his damages should be $100. The defendant asked for the following rulings: “1. Upon all the evidence the plaintiff is not entitled to recover. “2. The defendant has not obstructed any way belonging to the plaintiff. “3. The plaintiff has never acquired a right…
1Opinion of the CourtRugg, C. J.
This is an action for the obstruction of an alleged right of way across tracks of the defendant. In 1857 the Agricultural Branch Railroad Company, a predecessor in title of the defendant, deeded to George E. Woods and Winslow M. Warren two parcels of land adjacent to its location. The first parcel described in the deed contained about four acres, and at the *271conclusion of its description by metes and bounds was this language:— “the said Woods & Warren are to have the right to pass from the easterly end of the above premises over the land of said Company to the Co. Road. ” Following the…
2Cases cited13 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
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- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Swensen v. MarinoMassachusetts Supreme Judicial Court · 1940
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