Fitchburg Railroad v. Page
Massachusetts Supreme Judicial Court
Bill in equity, filed June 1, 1880, for an injunction to restrain the defendants from taking down certain fences erected by the plaintiff on each side of its tracks in the town of Ayer, on December 6, 1879. The answer alleged that the fences were erected across a public way in said town, called Forrest Street, which the public had the right to use, and were an obstruction thereto and a nuisance.
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Bill in equity, filed June 1, 1880, for an injunction to restrain the defendants from taking down certain fences erected by the plaintiff on each side of its tracks in the town of Ayer, on December 6, 1879. The answer alleged that the fences were erected across a public way in said town, called Forrest Street, which the public had the right to use, and were an obstruction thereto and a nuisance. The following issue of fact was framed for a jury: “ Whether Forrest Street, running from Main Street and extending southerly across the Fitchburg Railroad at grade to Tannery Street, in said town .of…
1Opinion of the CourtEhdioott, J.
It appears from the report that Forrest Street had been travelled by the public for more than twenty-five years, through its entire length from Main Street to Tannery Street, and that during that time the portions of the street north and south of the plaintiffs railroad had been kept in repair by the town; and that the plaintiff had, during that period, planked and kept the crossing itself in repair. It also appears that “ no mode of passing with horses or carriages from one side of the railroad station to the other was shown except the crossing in question.” No record of the laying out of…
2Cases cited2 opinions
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. PetitclerMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- McCreary v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
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