Claflin v. Boston & Albany Railroad

This is an action of tort, for the obstruction of an alleged right of way over the defendant’s railroad. At the close of the evidence the defendant asked the court to give seven rulings. The court gave three of them, by the consent of the plaintiff, and refused to give the others, and ruled that, upon all the evidence, the jury would be warranted in finding for the plaintiff. The defendant excepted to the refusal to give the rulings which were not given, and to the ruling that the jury would be warranted in finding for the plaintiff. After verdict for the plaintiff, the justice who tried the…