Simpson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Bill in equity, to restrain the defendant from maintaining a fence on each side of its railroad across an alleged right of way, and to compel it to replace-the planks removed by it from said way.
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Bill in equity, to restrain the defendant from maintaining a fence on each side of its railroad across an alleged right of way, and to compel it to replace-the planks removed by it from said way. The bill alleged that the Boston and Lowell Railroad took a strip of land for railroad purposes across the farm of Jesse Simpson, in Somerville, dividing it into two parts, with several acres in each part, and filed its location to complete its taking on September 3, 1870, and that the corporation gave Simpson §11,350, and took a deed of conveyance of the strip of land, in which appeared the…
1Opinion of the CourtHammond, J.
As respects the record title, the rights of the parties depend upon the legal meaning of the following clause in the deed of Simpson to the Boston and Lowell Railroad Corporation : “ Reserving, however, a crossing or right of way to be maintained and kept in repair at the expense of said railroad corporation, and to be thirty feet wide and to cross said road or track on a line parallel with the southeasterly line of said Simpson’s land, and to be distant one hundred feet southwesterly therefrom.”
If we assume in behalf of the plaintiffs that this right of way thus created was appurtenant to…
2Cases cited6 opinions
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- White v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1892
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
- Hamlin v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Lovey v. Escambia CountyDistrict Court of Appeal of Florida · 1962
7 more not listed; retrieve them via the Exa API.