Costello v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Coös, The plaintiff is tenant by the curtesy of the premises, and the owners of the fee are not parties to these proceedings. Previous to the construction of the defendants’ railroad, the plaintiff’s premises were a part of a farm owned by one Fisk. There then existed across the farm, at the place -where the plaintiff claims he has a right of way, a traveled way used in connection with the farm for access to that portion now occupied by the plaintiff.
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Coös, The plaintiff is tenant by the curtesy of the premises, and the owners of the fee are not parties to these proceedings. Previous to the construction of the defendants’ railroad, the plaintiff’s premises were a part of a farm owned by one Fisk. There then existed across the farm, at the place -where the plaintiff claims he has a right of way, a traveled way used in connection with the farm for access to that portion now occupied by the plaintiff. In 1852, when the railroad was constructed, it passed through the farm and across this way; and the defendants put the crossing of the way over…
1Opinion of the CourtWallace, J.
The plaintiff, as tenant by curtesy, possessed and was entitled to enjoy the right to use farm crossings which were appurtenant to the premises so held by him. If those rights were infringed, the plaintiff’s life interest was sufficient to enable him to maintain any appropriate remedy in law or equity to redress the wrong, independent of the owners of the fee.
The plaintiff could acquire no right to or in the crossing by prescription. The statute providing that no title can be acquired by adverse possession by or against a railroad prevents the acquisition of any rights in that manner. P. S.,…
2Cases cited2 opinions
- Connecticut & Passumpsic Rivers Railroad v. HoltonSupreme Court of Vermont · 1859
- Wademan v. . Albany and Susquehanna R.R. Co.New York Court of Appeals · 1873
3Cited by4 opinions
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Brehm v. State Roads CommissionCourt of Appeals of Maryland · 1939
- Bolger v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Farwell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903