Old Colony Railroad v. Tripp
Massachusetts Supreme Judicial Court
Tort for obstructing tbe station grounds of the plaintiff at Brockton. At the trial in the Superior Court, before Thompson, J., evidence was introduced tending to prove the following facts. The plaintiff is a railroad corporation, with all the powers and subject to all the duties of such corporations in this Commonwealth, and Brockton is one of the largest stations upon its road.
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Tort for obstructing tbe station grounds of the plaintiff at Brockton. At the trial in the Superior Court, before Thompson, J., evidence was introduced tending to prove the following facts. The plaintiff is a railroad corporation, with all the powers and subject to all the duties of such corporations in this Commonwealth, and Brockton is one of the largest stations upon its road. It had been the practice of the defendant and other owners of job wagons, for several years prior to August 1, 1886, to go to the Brockton station to wait for trains, and to ascertain if the passengers had any…
1Opinion of the CourtW. Allen, J.
Whatever implied license the defendant may have had to enter the plaintiff’s close had been revoked by the regulations made by the plaintiff for the management of its business and the use of its property in its business. The defendant entered under a claim of- right, and can justify his entry only by showing a right superior to that of the plaintiff. The plaintiff has all the rights of an owner in possession, except such as are inconsistent with the public use for which it holds its franchise; that is, with its duties as a common carrier of persons and merchandise. As concerns the case at…
2Cases cited3 opinions
- Barney v. Oyster Bay & Huntington Steamboat Co.New York Court of Appeals · 1876
- Harris v. StevensSupreme Court of Vermont · 1858
- Spofford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by37 opinions
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- Pennsylvania Co. v. City of ChicagoIllinois Supreme Court · 1899
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Kalamazoo Hack & Bus Co. v. SootsmaMichigan Supreme Court · 1890
- Association of Independent Taxi Operators, Inc. v. Yellow Cab Co.Court of Appeals of Maryland · 1951
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