Boston & Maine Railroad v. Hunt
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 6,1909, by the Boston and Maine Railroad, as successor to the rights of the Massachusetts Central Railroad Company, to enjoin the defendant from flooding a meadow belonging to him in Rutland in such a manner as to cause the water to flow on the railroad location of the plaintiff and to endanger the embankment on which one of its tracks was laid.- In the Superior Court the case was heard by Aiken, C. J., who made an order…
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Bill in equity, filed in the Superior Court on April 6,1909, by the Boston and Maine Railroad, as successor to the rights of the Massachusetts Central Railroad Company, to enjoin the defendant from flooding a meadow belonging to him in Rutland in such a manner as to cause the water to flow on the railroad location of the plaintiff and to endanger the embankment on which one of its tracks was laid.- In the Superior Court the case was heard by Aiken, C. J., who made an order for a decree that an injunction should issue, and reported the case for determination by this court upon a memorandum of…
1Opinion of the CourtBraley, J.
The report under which the case is before us is conclusive upon all questions of fact as the evidence has not been transmitted, and by its terms the Massachusetts Central Railroad, to whose rights the plaintiff has succeeded, acquired by eminent domain a location through the meadow or farm owned by the defendant. The right of way, even if defined as a public easement obtained by condemnation of the land, is substantially absolute so long as used for the purposes of a railroad by the corporation, or those succeeding by legislative sanction to its rights. Barnes v. Boston & Maine Railroad, 130…
2Cases cited11 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
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3Cited by4 opinions
- Leroy v. Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1934
- Battelle v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Harvey v. BrossMassachusetts Supreme Judicial Court · 1913
- Wright v. FisherMassachusetts Supreme Judicial Court · 1919