Proprietors of Locks & Canals v. Lowell Horse Railroad
Massachusetts Supreme Judicial Court
Contract. The case was submitted to the judgment of the court on facts agreed substantially as follows : The plaintiffs, owning the fee of a highway in Lowell, constructed a canal, called the Western Canal, across it, built a bridge over the canal, and have always maintained the bridge as part of the highway.
Read the full summary
Contract. The case was submitted to the judgment of the court on facts agreed substantially as follows : The plaintiffs, owning the fee of a highway in Lowell, constructed a canal, called the Western Canal, across it, built a bridge over the canal, and have always maintained the bridge as part of the highway. The defendants, in 1863, under authority of the St. of 1863, c. 172, and an order of the board of aldermen of the city of Lowell, located their track over the bridge, and have since maintained it there. Said order provided that, “ on all such road that shall be constructed, the entire…
1Opinion of the CourtColt, J.
The plaintiffs constructed their canal, known as the Western Canal, across a highway in the city of Lowell, and were held by this court to be responsible in the first instance to the city for money expended in repairing the bridge over it. Lowell v. Proprietors of Locks & Canals, 104 Mass. 18. It was not necessary in that case to decide whether the present defendants would be liable over to the plaintiffs for the amount recovered, being for expenditures on that portion of the bridge occupied by their tracks. That question is now presented.
After the bridge was built, the defendants located and…
2Cases cited3 opinions
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- City of Lowell v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
- Northern Central Railway Co. v. United Railways & Electric Co.Court of Appeals of Maryland · 1907
- Brookhouse v. Union Railway Co.Massachusetts Supreme Judicial Court · 1882
- New York Central Railroad v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1922
4 more not listed; retrieve them via the Exa API.