Eastern Railroad v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed June 15,1872, alleging that the plaintiffs were authorized by the St. of 1872, a. 356,* to take possession of a lot of land in Boston occupied by the defendants, and hold the same for the purposes set forth in the statute ; that they did all things necessary to be done to entitle them to take the land; that they took the land and entered into possession thereof; that they were expelled by the defendants, and the defendants wrongfully hold the land; that…
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Bill in equity, filed June 15,1872, alleging that the plaintiffs were authorized by the St. of 1872, a. 356,* to take possession of a lot of land in Boston occupied by the defendants, and hold the same for the purposes set forth in the statute ; that they did all things necessary to be done to entitle them to take the land; that they took the land and entered into possession thereof; that they were expelled by the defendants, and the defendants wrongfully hold the land; that thereby the plaintiffs were wrongfully disturbed and interfered with in the exercise of the franchise conferred on them…
1Opinion of the CourtColt, J.
The bill shows a legislative grant to the plaintiffs of the right to take certain described real estate in Boston, belonging to the defendants, and to hold and use the same for the purpose of increasing their terminal facilities and affording convenient access to their passenger station. It alleges a performance on the part of the plaintiffs of all the conditions of the grant, and a taking of the land, with actual possession under it. It charges the wrongful holding of the same by the defendants, and the forcible exclusion of the plaintiffs, whereby the corporation is wrongfully disturbed and…
2Cases cited7 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869
- White River Turnpike Co. v. Vermont Central Rail RoadSupreme Court of Vermont · 1849
- New York, Housatonic & Northern Railroad v. Boston, Hartford & Erie RailroadSupreme Court of Connecticut · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1927
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
18 more not listed; retrieve them via the Exa API.