Humphreys v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Two actions of tort, for the obstruction of an alleged private way in Boston, known as Freeman Street. The cases were tried together in the Superior Court, without a jury, before Blodgett, J., who reported them for the determination of this court, in substance as follows.
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Two actions of tort, for the obstruction of an alleged private way in Boston, known as Freeman Street. The cases were tried together in the Superior Court, without a jury, before Blodgett, J., who reported them for the determination of this court, in substance as follows. In 1812 one Jacob Foster acquired title to a tract of land in Dorchester, including the land through which Freeman Street was subsequently laid out, and over which the defendant corporation filed its location as hereinafter set forth. In 1857 this land passed by the will of Jacob Foster to his two sons, Ira and Jacob, as…
1Opinion of the CourtAllen, J.
It was found at the trial that the plaintiffs’ right to use Freeman Street as a way had not been extinguished, and this finding is to stand provided the facts would warrant it.
The plaintiffs conceded that Freeman Street was only a private way. If it is assumed in favor of the defendant that it had power to close this way by laying out its railroad across it, still, upon the evidence, the finding of the court was warranted. The location across the street by its terms included so much of the street as was contained between the exterior lines of the location. This is the chief fact relied on by…
2Cases cited4 opinions
- Winchester v. GlazierMassachusetts Supreme Judicial Court · 1890
- White v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1892
- Fitchburg Railroad v. FrostMassachusetts Supreme Judicial Court · 1888
- Goss v. CalhaneMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
- New York Central Railroad v. SwensonMassachusetts Supreme Judicial Court · 1916
- Hamlin v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1896