Legal Opinion

Anthony v. New York, Providence, & Boston Railroad

Massachusetts Supreme Judicial Court

Decided June 28, 1894PublishedCited by 17 opinions

Tort, under Pub. Sts. c. 112, § 214, by the plaintiffs, who were ice dealers and lessees of certain premises, including two ice-houses, alleged to have been burned by fire communicated by the locomotive engines of the defendant. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the plaintiffs, and the defendant alleged exceptions, the nature of which appears in the opinion.

1Opinion of the CourtField, C. J.

The plaintiffs were lessees of land and buildings under a lease for a term of ten years from the making thereof, and the lease at the time it was admitted in evidence had not been recorded. During the arguments at the trial, the lease was entered for record in the proper registry of deeds. The term expired on October 14, 1893, and the fire occurred in April, 1891, so that at the time of the fire there remained of the term nearly eighteen months. The contention of the defendant is, that the lease was not evidence of any title in the plaintiffs as against the defendant, because, being…

2Cases cited9 opinions

  1. Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
  2. Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
  3. Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
  4. Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
  5. Austin v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862

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3Cited by17 opinions

  1. Sharp v. United StatesSupreme Court of the United States · 1903
  2. New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
  3. Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
  4. City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
  5. Belli v. ForsythMassachusetts Supreme Judicial Court · 1938

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