Harding v. Biggs
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close and placing thereon certain gravel and sand. Trial in the Superior Court, before Mason, C. J., who found for the defendant, and found specially that no act of alleged trespass was committed upon the plaintiff’s premises outside the two-rod location acquired by the original location of the railroad; and the plaintiff alleged exceptions, the nature of which appears in the opinion. Gr. P. Wardner, for the plaintiff.
1Opinion of the CourtBarker, J.
The plaintiff owns a tract of land through which the Dorchester and Milton Branch Railroad Company, about fifty years ago, built its railroad. In May, 1894, the defendant removed from land by the side of the railroad track a train load of sand and gravel there delivered to him at a place where the railroad borders on the plaintiff’s land, and this act is the alleged trespass. At the trial the plaintiff asked the court to rule that the location filed by the railroad company on April 15,1847, was invalid, and that the company acquired no rights thereby, but had only such rights in the…
2Cases cited5 opinions
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
- Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875
- Lexington Print Works v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1897
- Derby v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
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- Robie v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1964
- New York Central Railroad v. SwensonMassachusetts Supreme Judicial Court · 1916
- Amee v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1912