Turner v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort. Writ dated December 8, 1886. The declaration alleged that the plaintiff owned two tracts of land in Orange, the first bounded south by land of the defendant, and north by the highway leading from said Orange to Erving, and the second bounded south by Miller’s River, and north by land of the defendant; that the south side of the first described tract of land and the north side of the second are bounded by the defendant’s land, on which are the roadbed and track of the…
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Tort. Writ dated December 8, 1886. The declaration alleged that the plaintiff owned two tracts of land in Orange, the first bounded south by land of the defendant, and north by the highway leading from said Orange to Erving, and the second bounded south by Miller’s River, and north by land of the defendant; that the south side of the first described tract of land and the north side of the second are bounded by the defendant’s land, on which are the roadbed and track of the defendant’s railroad ; that there was a way leading from the first described tract of land over the land of the defendant…
1Opinion of the CourtDevens, J.
The plaintiff and those under whom he claims have used a right of way “ openly, adversely, and uninterruptedly ” across the railroad of the defendant for more than twenty years prior to the acts of the defendant declared on. The most important question which the parties have presented is whether, under the statutes as they now exist, a private right of way by prescription can be acquired by an individual over the location of a railroad corporation. That such a right of way may be acquired by reservation, by grant, or by agreement of parties, is well established. Boston Gas Light Co. v. Old…
2Cases cited6 opinions
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Fitchburg Railroad v. PageMassachusetts Supreme Judicial Court · 1881
- Gay v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Inhabitants of Brookline v. MackintoshMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1898
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- 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
8 more not listed; retrieve them via the Exa API.