Legal Opinion

Williams v. Clark

Massachusetts Supreme Judicial Court

Decided October 26, 1885PublishedCited by 15 opinions

Contract, with counts in tort, against the receiver of the New York and New England Railroad Company, for obstructing a right of way over the railroad of said corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.

1Opinion of the CourtDeyens, J.

In 1853, Dan Hill, from whom the plaintiff derives title, conveyed land to the railroad company by a deed which provided that the grantee was to furnish Hill, his heirs and assigns, with two convenient crossings (the precise spots to be thereafter designated by Hill) over its railroad, one of which, that now in question, was to be a crossing at grade. Soon after the date of the deed, Hill indicated the spot where this should be located, and a crossing was there built on its own land by the railroad company, adapted to the grade of the road as then fixed. It was not obstructed by gates or…

2Cases cited1 opinion

  1. Welch v. WilcoxMassachusetts Supreme Judicial Court · 1869

3Cited by15 opinions

  1. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  2. Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
  3. Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
  4. Short v. DevineMassachusetts Supreme Judicial Court · 1888
  5. Flaherty v. FlemingWest Virginia Supreme Court · 1906

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