Childs v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort against the Boston and Maine Railroad for the alleged wrongful obstruction of a right of way claimed by the plaintiffs across a railroad location of the defendant at Deerfield. Writ dated April 15, 1910. In the Superior Court the case was tried before Fessenden, J. The facts are stated in the opinion.
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Tort against the Boston and Maine Railroad for the alleged wrongful obstruction of a right of way claimed by the plaintiffs across a railroad location of the defendant at Deerfield. Writ dated April 15, 1910. In the Superior Court the case was tried before Fessenden, J. The facts are stated in the opinion. The deed from David W. Childs to the Connecticut River Railroad Company was dated March 6,1846. The clause which is quoted in the opinion was at the end of the description of the land conveyed and was followed by the habendum clause. The whole of the clause was as follows: “And it is…
1Opinion of the CourtRugg, C. J.
This is an action of tort for the obstruction of an alleged right of way over a location occupied by the defendant. In 1846, David W. Childs, owning a farm through which the Connecticut River Railroad had been located recently, conveyed to that corporation land partly included within its location by a deed containing this language: “And it is understood and agreed that the said company are ... to make me a good and sufficient crossing for carting across said railroad near my bar place or at such other place as we can agree upon.” There is nothing in the record to show that there was any…
2Cases cited25 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
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3Cited by35 opinions
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- Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
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