Smith v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tobt for the obstruction of an alleged right of way across the defendant’s railroad in that part of Boston formerly Dorchester. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The plaintiff’s argument concedes that, as no right of crossing the defendant’s railroad was reserved in the location made by the Boston and New York Central Railroad Company (to whose title the defendant has succeeded) nor ordered by the county commissioners, such rights as she or her predecessor in title had to this crossing were extinguished, unless they have since been reacquired by prescription. The location made in 1854 by the railroad corporation was of a strip five rods in width, running from north to south, through the land of one Wales, under whom the plaintiff claims, and cutting…
2Cases cited1 opinion
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
3Cited by6 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Abbott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1888
- Googins v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
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