New York, New Haven, & Hartford Railroad v. Benedict
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, May 21, 1897, to restrain an alleged trespass upon certain land in Great Barrington, which the plaintiff averred that it was entitled to úse and occupy for railroad purposes. The answer alleged that the defendant was the owner in fee of the land, upon which he was excavating the soil and laying the foundation for the erection of a building thereon.
Read the full summary
Bill in equity, filed in the Superior Court, May 21, 1897, to restrain an alleged trespass upon certain land in Great Barrington, which the plaintiff averred that it was entitled to úse and occupy for railroad purposes. The answer alleged that the defendant was the owner in fee of the land, upon which he was excavating the soil and laying the foundation for the erection of a building thereon. A temporary injunction was granted, and the case was referred to a master, who found and reported the following facts. The land occupied and claimed by the defendant consists of a parcel about seventy…
1Opinion of the CourtAllen, J.
The copy of the record of the deed or paper executed in 1849 by the defendant’s predecessors in title was competent. Although not formally running to the Berkshire Railroad Company, there can be no doubt that thal^ company was in reality the other party to it. The disclaimer of right and title up to the walls of the buildings was for the benefit of the railroad company, and nobody except the railroad company, so far as appears, had any interest in the subject to which the paper related. It was obviously designed to affect the title to the land, and to define the boundary line, and therefore…
2Cases cited4 opinions
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Samuels v. BorrowscaleMassachusetts Supreme Judicial Court · 1870
- Westcott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Bicknell v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by8 opinions
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Adams v. HodgkinsSupreme Judicial Court of Maine · 1912
- Deutsche Bank National Trust Co. v. GabrielMassachusetts Appeals Court · 2012
- McLucas v. St. Joseph & Grand Island Railway Co.Nebraska Supreme Court · 1903
- New York, New Haven & Hartford Railroad v. CellaSupreme Court of Connecticut · 1912
3 more not listed; retrieve them via the Exa API.