Brock v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Writ oe entry, dated October 1, 1886, to recover a parcel of land in Stoughton. The case was submitted to the Superior Court, and, after a judgment for the tenant, to this court, on appeal, on an agreed statement of facts, in substance as follows: On September 27, 1854, the plaintiff owned a tract of land in Stoughton, which was bounded on its easterly side by land of O. Ames and Sons.
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Writ oe entry, dated October 1, 1886, to recover a parcel of land in Stoughton. The case was submitted to the Superior Court, and, after a judgment for the tenant, to this court, on appeal, on an agreed statement of facts, in substance as follows: On September 27, 1854, the plaintiff owned a tract of land in Stoughton, which was bounded on its easterly side by land of O. Ames and Sons. The Easton Branch Railroad Company, to whose rights and liabilities the tenant had succeeded, was incorporated by the St. of 1854, e. 55, and on September 27, 1854, filed the location of its railroad in the…
1Opinion of the CourtHolmes, J.
The location identified the land, and therefore satisfied the Rev. Sts. c. 39, § 75. Filing it was sufficient notice of the taking. Woodbury v. Marblehead Water Co. 145 Mass. 509. Grand Junction Railroad v. County Commissioners, 14 Gray, 553, 564. As pointed out by the tenant, it must be presumed that the demandant was notified of the petition for authority to take, as required by the Rev. Sts. c. 39, §§ 46-48. The authority and its limits are contained in the charter, St. 1854, c. 55, and acts referred to. It would be impracticable to make the validity of the taking depend upon notifying all…
2Cases cited8 opinions
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Johnson v. Joliet & Chicago RailroadIllinois Supreme Court · 1859
- Woodbury v. Marblehead Water Co.Massachusetts Supreme Judicial Court · 1888
- Abbott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1888
- George's Creek Coal & Iron Co. v. New Central Coal Co.Court of Appeals of Maryland · 1874
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- State Ex Rel. State Highway Commission v. MeekerWyoming Supreme Court · 1956
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