Bay State Brick Co. v. Foster

The first case was a bill in equity against the surveyors of highways in the town of Medford. The bill alleged in substance that the plaintiff corporation was and long had been engaged in the manufacture of bricks on its own land; that it owned the land on both sides of Riverside Avenue, a highway in the town of Medford, and the fee in the soil of the avenue itself, subject only to the public easement; that for the purpose of reaching the railroad, by which the bricks of the corporation were carried to Boston, it was obliged to lay iron rails across said highway, on which its cars loaded with…