Andrew v. Nantasket Beach Railroad
Massachusetts Supreme Judicial Court
Petition by tbe administrator of the estate of Sarah Jones to the Superior Court, for a jury to assess the damages caused by the taking by the respondent of land, consisting of beach and upland, of the intestate in Hull.
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Petition by tbe administrator of the estate of Sarah Jones to the Superior Court, for a jury to assess the damages caused by the taking by the respondent of land, consisting of beach and upland, of the intestate in Hull. At the trial in the Superior Court, before Pitman, J., the judge refused to instruct the jury, as requested by the respondent, that the petitioner was not entitled to maintain the petition, and submitted to the jury the question whether the petitioner had established the title of his intestate to the premises, including the beach, by adverse occupation for twenty years before…
1Opinion of the CourtDevens, J.
The respondent requested a ruling that, upon the evidence offered by the petitioner, which was all there was in the case, the petitioner was not entitled to maintain this proceeding. This request was properly refused. The evidence was plenary that for a considerable number of years the petitioner’s *507intestate had been in possession of the premises, doing acts herself or through her agents which must be construed as an assertion of title. The only question which could be debated in relation thereto was whether this adverse occupation had existed for twenty years. But even if it had not so…
2Cases cited2 opinions
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Woodcock v. FarrellCourt of Appeals of Kentucky · 1858
3Cited by9 opinions
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1974
- Campbell v. City of New HavenSupreme Court of Connecticut · 1924
- Senn v. Western Massachusetts Electric Co.Massachusetts Appeals Court · 1984
- Phipps v. CrowellMassachusetts Supreme Judicial Court · 1916
- Taber v. City of BostonMassachusetts Supreme Judicial Court · 1906
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