Gay v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for the obstruction of an alleged right of way across the defendant’s railroad in Newton. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiffs; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The land over which the plaintiffs claim a right of way was conveyed to the defendant’s predecessor in 1832, after the location of the railroad over it. There was then a way across it for access from the highway to the remaining land, which had been used for several years, and which continued to be used until 1871 for such purposes. The deed contained a covenant by the grantor to maintain fences between her land and that conveyed. The fence was maintained on one side only. There were bars in the fence in the line of the way, and planks were maintained by the defendant between the rails where…
2Cases cited5 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Fitchburg Railroad v. PageMassachusetts Supreme Judicial Court · 1881
- Fisher v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1883
- Eames v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Fitchburg Railroad v. FrostMassachusetts Supreme Judicial Court · 1888
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
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