White v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for the obstruction of a private way claimed by the plaintiff, as owner of two parcels of land in Walpole and Norfolk, over the location of the defendant’s railroad.
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Tort, for the obstruction of a private way claimed by the plaintiff, as owner of two parcels of land in Walpole and Norfolk, over the location of the defendant’s railroad. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the plaintiff was the owner of two lots of land separated by the defendant’s railroad, — the larger of about thirty-three acres, lying north of the railroad, which formed its southerly boundary, and bounded on all other sides by land of other persons, and the other of about four acres, lying south of the railroad, which formed its…
1Opinion of the CourtMorton, J.
In view of the facts in this case, we think that the deed from Partridge to the Norfolk County Railroad Company operated to except the passageway for the benefit of and as appurtenant to the larger tract, and that it passed with that to the plaintiff. The defendant does not claim that any importance is to be attached to the fact that the word “ reserving ” was used instead of “ excepting.” It insists, more broadly, that by the terms of the reservation the passageway was limited to Partridge for his life; or if that is not so, that, the railroad company having by its location acquired the-…
2Cases cited4 opinions
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
- Fitch v. BaldwinNew York Supreme Court · 1819
3Cited by22 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Smith v. FurbishSupreme Court of New Hampshire · 1894
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