Baldwin v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed January 19, 1901, to restrain the obstruction of an alleged right of way by prescription from a gate in the plaintiff’s back fence along a path over the defendant’s land to a railroad station of the defendant in Somerville. In the Superior Court the case was heard by Braley, J., without a jury.
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Bill in equity, filed January 19, 1901, to restrain the obstruction of an alleged right of way by prescription from a gate in the plaintiff’s back fence along a path over the defendant’s land to a railroad station of the defendant in Somerville. In the Superior Court the case was heard by Braley, J., without a jury. He found that the plaintiff was entitled to a foot-way or path from her land along the location of the defendant of at least two feet and six inches in width with a gutter upon the side next to her land, and a railing on the side next to the railroad track at least forty-six…
1Opinion of the CourtHammond, J.
1. The judge found that the grade of the path from the gate in the plaintiff’s fence to the railroad station was steep, that in the winter it was somewhat difficult to use it, when icy, without a railing, and that from the time when the path was first used there was a railing there not less than forty-six inches in height. We cannot say that on the evidence the finding was wrong. Since, therefore, the railing was reasonably necessary to the convenient use of the path in the winter season, and was continually kept there, the easement acquired was not only to use the path, but to use it with…
2Cases cited2 opinions
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