Bullard v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Petition for the assessment of damages under St. 1896, c. 257, on account of the taking for railroad purposes, by a decree of the Superior Court made upon a petition for the alteration of the grade crossing of Milton Street and the respondent’s railroad in the town of Hyde Park, of a certain parcel of land formerly a part of a public way called Regent Street and discontinued as a part of said way by said decree, filed May 5, 1898. At the trial in the Superior Court before…
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Petition for the assessment of damages under St. 1896, c. 257, on account of the taking for railroad purposes, by a decree of the Superior Court made upon a petition for the alteration of the grade crossing of Milton Street and the respondent’s railroad in the town of Hyde Park, of a certain parcel of land formerly a part of a public way called Regent Street and discontinued as a part of said way by said decree, filed May 5, 1898. At the trial in the Superior Court before Bishop, J., it appeared that the case had been sent to Charles A. Williams, Esquire, of Brookline, as auditor, who…
1Opinion of the CourtBarker, J.
The principal question is whether the deeds of February 12, 1890, divested the grantors of title in the soil of those parts of Regent Street which did not abut upon the lots conveyed by the deeds to the respondents.
In Isaac Bullard’s deed the only language relied upon to produce that effect is the clause “ Also intending to convey to the grantee all my rights in said Regent Street above mentioned.” This clause follows two separate descriptions of the premises which the deed purports to convey. The first description is of a certain parcel of land in Hyde Park comprising the greater portion of…
2Cases cited1 opinion
- Holt v. City of SomervilleMassachusetts Supreme Judicial Court · 1877
3Cited by5 opinions
- Smith v. Congregation of St. RoseWisconsin Supreme Court · 1953
- Betty Corporation v. CommonwealthMassachusetts Supreme Judicial Court · 1968
- Cetlin v. BradfordMassachusetts Supreme Judicial Court · 1922
- Boston & Albany Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- Smith v. Congregation of St. RoseWisconsin Supreme Court · 1953