Legal Opinion

Commonwealth v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided November 27, 1889PublishedCited by 12 opinions

Indictment for obstructing a highway in Chester. At the trial in the Superior Court, before Sherman, J., the following facts were agreed.

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Indictment for obstructing a highway in Chester. At the trial in the Superior Court, before Sherman, J., the following facts were agreed. The road, of which the alleged highway in question was a part, extended in a generally easterly direction from Blandíord to Chester, but from the top of Smith Hill, so called, in Chester, it ran in a direction somewhat north of east until, after crossing the defendant’s railroad at grade, it joined the old Springfield and Albany turnpike road, which at that point was east of the railroad and parallel with it, and connected Chester Factories and Huntington.…

1Opinion of the CourtKnowlton, J.

The defendant contends that the adjudication of the county commissioners, and the construction of the new piece of road in accordance with it, operated as a discontinuance of that part of the old road which lies between the old turnpike road and the southerly terminus of the new piece of road. If this contention is correct, the verdict is to be set aside, and judgment is to be entered for the defendant.

The facts agreed, as to what occurred after the change was made, are of little significance, because the road either was or was not discontinued by the executed order of the county…

2Cases cited3 opinions

  1. Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
  2. Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
  3. Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868

3Cited by12 opinions

  1. Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
  2. Canton Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1904
  3. Coakley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
  4. Jenkins v. RiggsCourt of Appeals of Maryland · 1905
  5. Heath v. ParkerColorado Court of Appeals · 2001

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