Legal Opinion

Boston & Albany Railroad v. Brown

Massachusetts Supreme Judicial Court

Decided October 18, 1900PublishedCited by 9 opinions

Tort, for trespass quare clausum fregit. The trespasses were alleged to have been committed on the premises of the plaintiff at its station in Wes thorough, between November 11, 1898, and April 21, 1899. Trial in the Superior Court, before Gaskill, J., who ordered judgment for the plaintiff for nominal damages; and the defendants alleged exceptions, which appear in the opinion.

1Opinion of the CourtKnowlton, J.

This was an action of trespass quare clausumfor entering the premises surrounding the plaintiff’s railroad station at Westborough. The defendant Brown was the owner of a livery stable, and for a long time he had been accustomed to carry passengers back and forth between the passenger station and the Whitney House, a hotel with whose proprietor he had a contract to carry guests of the hotel who might desire transportation to or from the station at the proprietor’s expense. The defendant Russell was employed by Brown, and drove his carriage during the period referred to in the declaration. The…

2Cases cited1 opinion

  1. Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888

3Cited by9 opinions

  1. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
  2. Donovan v. Pennsylvania Co.Court of Appeals for the Seventh Circuit · 1903
  3. Hedding v. GallagherSupreme Court of New Hampshire · 1903
  4. Oregon Short Line R. v. DavidsonUtah Supreme Court · 1908
  5. Mader v. City of TopekaSupreme Court of Kansas · 1920

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