White v. Blanchard Brothers Granite Co.
Massachusetts Supreme Judicial Court
Bill in equity by an abutter on the old Boston and Hartford turnpike highway, so called, in the town of Uxbridge in the county of Worcester, owning the fee to the centre of thé portion of said highway adjoining his land, against the Blanchard Brothers Granite Company, a corporation engaged in the business of quarrying stone at Uxbridge, to enjoin the defendant from building and maintaining upon said highway and over the plaintiff’s land a permanent railroad for the private…
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Bill in equity by an abutter on the old Boston and Hartford turnpike highway, so called, in the town of Uxbridge in the county of Worcester, owning the fee to the centre of thé portion of said highway adjoining his land, against the Blanchard Brothers Granite Company, a corporation engaged in the business of quarrying stone at Uxbridge, to enjoin the defendant from building and maintaining upon said highway and over the plaintiff’s land a permanent railroad for the private use of that company in the transportation of freight only, filed August 6, 1900. The case came on to be heard before…
1Opinion of the CourtKnowlton, J.
The railroad of the defendant corporation is to be constructed in all particulars in accordance with the Pub. Sts. c. 112, §§ 223, 224, unless the construction of such a railroad upon a public highway, the fee of which is owned by the abutting landowner, is a taking and use of land of such owner without his consent. The selectmen of Uxbridge, in consenting to the construction of the railroad and in making regulations in regard to it, have assumed that the plaintiff has no ownership of the highway that is affected by this use of it. Of course, if the construction of such a railroad along the…
2Cases cited5 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Howe v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- Purinton v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1899
- Vigeant v. City of MarlboroughMassachusetts Supreme Judicial Court · 1900
3Cited by16 opinions
- Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Bolinger v. City of BozemanMontana Supreme Court · 1972
- Blumenthal v. City of CheyenneWyoming Supreme Court · 1947
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