Hamlin v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for an alleged trespass in closing a private way across the defendant’s railroad in Walpole. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant contends that the verdict against it for having closed a private way which led across its railroad is wrong, because the right of crossing was only for the lives of grantors now dead. The railroad was built in 1849 by the Norfolk County Railroad Company, chartered by St. 1847, c. 252. That company, on April 19, 1848, filed a location which separated into two parts the farm now owned by the plaintiffs. Its *460owners made no petition for damages or for a private crossing, but on February 15, 1851, conveyed to the company the strip of land covered by the location by a deed in which,…
2Cases cited3 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
3Cited by11 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Putnam Furniture Building, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1948
- Simpson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1900
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