Bicknell v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for trespass in the erection of a fence on a strip of land alleged to belong to the plaintiffs, situated near the Harvard Street station on the defendant’s railroad, in the city of Boston. Writ dated April 18,1891. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the plaintiffs, and the defendant alleged exceptions, the nature of which appear in the opinion.
1Opinion of the CourtKnowlton, J.
This case involves the question whether a strip of land, half a rod wide and about three hundred feet long, belongs to the plaintiffs or to the defendant. This strip lies between two lines, one of which is two rods and the other two and a half rods westerly of the centre line of the defendant's railroad. It was proved that the original location of the railroad at this point, filed by the Boston and New York Central Railroad, the defendant’s predecessor, was five rods wide, but it was contended by the plaintiffs that the company abandoned one rod in width of the location, one half a rod on…
2Cases cited1 opinion
- Westcott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- New York, New Haven & Hartford Railroad v. CellaSupreme Court of Connecticut · 1914
- New York, New Haven, & Hartford Railroad v. BenedictMassachusetts Supreme Judicial Court · 1897
- Amee v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1912
- Roberts v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Smith v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1895