Fitzpatrick v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On report. Two actions of trespass for wrongfully placing and maintaining obstructions across the plaintiffs’ right of way across the defendant’s lands.
Read the full summary
On report. Two actions of trespass for wrongfully placing and maintaining obstructions across the plaintiffs’ right of way across the defendant’s lands. The defendant admitted that the plaintiffs had title, by grant, to the farm-crossing across its railroad, and also a right of access over other lands of defendant corporation, to and from the same, in every place where it did any acts which the plaintiffs in their writs charge it did; but they contended that no actual damage, remaining unsatisfied, had been done the plaintiffs ; and that as the old way had been extinguished, at the places…
1Opinion of the CourtWhiteiiouse, J.
The plaintiffs had a right of way across the defendant’s railroad. In 1881 the defendant obstructed it *36by digging four cellars and placing houses upon them, and in 1888 disturbed it at another point by making excavations for the purpose of laying a spur track to a gravel pit. November 30, 1889, the .plaintiffs commenced these actions for damages. '.The evidence relating to both cases is presented in a single report.
The plaintiffs’ right of way originated in a decree of partition añade in 1805 between John Haggins and Edmund Haggins, which reserved "liberty for John to pass and repass with…
2Cited by7 opinions
- Stickney v. City of SacoSupreme Judicial Court of Maine · 2001
- Stueck v. G. C. Murphy Co.Supreme Court of Connecticut · 1928
- Phillips v. GreggSupreme Judicial Court of Maine · 1993
- Chase v. EastmanSupreme Judicial Court of Maine · 1989
- Miller v. SouthardSouth Dakota Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.