Fisher v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for obstructing a right of way. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered to prove that, in the year 1848, the Norfolk County Railroad, whose successor the defendant is, located its road-bed over lands of the plaintiff; that, in 1849, he conveyed the lands over which the location ran to said railroad corporation; that, in consideration thereof, the railroad corporation paid him a…
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Tort, for obstructing a right of way. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered to prove that, in the year 1848, the Norfolk County Railroad, whose successor the defendant is, located its road-bed over lands of the plaintiff; that, in 1849, he conveyed the lands over which the location ran to said railroad corporation; that, in consideration thereof, the railroad corporation paid him a certain sum of money, and agreed to bridge over a private roadway, which crossed the location, and which connected the…
1Opinion of the CourtC. Allen, J.
The principal question in this case is, whether the St. of 1861, c. 100,* has the effect to prevent the owner of land adjoining a railroad from acquiring a right to a private way across the railroad by twenty years’ use thereof. It is conceded that there is nothing in the statute to prevent the public, or persons owning land not abutting on the railroad, from so acquiring a right of way across it; and that, prior to the enactment of the statute, such easement might also be acquired by a person in the position of the plaintiff. But ah ingenious and elaborate argument has been addressed to us,…
2Cited by9 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Spottiswoode v. Morris & Essex RailroadSupreme Court of New Jersey · 1898
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Turner v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
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