Maney v. Providence & Worcester Railroad
Massachusetts Supreme Judicial Court
Two writs of entry, dated February 7, 1893, to recover two parcels of land in Worcester. Pleas, nul disseisin. The cases were submitted to the Superior Court, and, after judgment for the demandants, to this court, on appeal, on agreed facts, in substance as follows. In 1846, one Goddard owned the land described in the writs, and the lands adjacent thereto.
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Two writs of entry, dated February 7, 1893, to recover two parcels of land in Worcester. Pleas, nul disseisin. The cases were submitted to the Superior Court, and, after judgment for the demandants, to this court, on appeal, on agreed facts, in substance as follows. In 1846, one Goddard owned the land described in the writs, and the lands adjacent thereto. In that year he conveyed to the tenant a tract which was described in part as “ running as now staked out for said railroad company, and measuring six rods from the centre line of said stakes on the easterly side and four rods on the…
1Opinion of the CourtLathrop, J.
The principal question which arises in these cases is as to the construction of the St. of 1861, c. 100, which reads as follows; “ If the owner or occupant of any land adjoining any railroad in this Commonwealth, has taken or shall take into his inclosure, any part of the land belonging to said railroad, as located and established, or has erected or shall erect any building upon, or has occupied or shall occupy for the purposes of cultivation or otherwise, any land belonging to or included within the location of any such railroad, no continuance of such inclosure, building, or length of…
2Cases cited4 opinions
- Turner v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Martin v. GleasonMassachusetts Supreme Judicial Court · 1885
- Fisher v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1883
- Littlefield v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1900
- Nickels v. SchollMassachusetts Supreme Judicial Court · 1917
- Hall v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912