Amee v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on July 28, 1910, to register the title to two parcels of land situated on opposite corners of Waverly Street and Putnam Avenue in Cambridge. In the Land Court the case was heard by Clark, J. The controversy related to a strip of land sixteen and twenty-five one hundredths feet wide at the end of one of the parcels of land where such parcel adjoined the location of the Grand Junction Branch of the respondent’s railroad.
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Petition, filed in the Land Court on July 28, 1910, to register the title to two parcels of land situated on opposite corners of Waverly Street and Putnam Avenue in Cambridge. In the Land Court the case was heard by Clark, J. The controversy related to a strip of land sixteen and twenty-five one hundredths feet wide at the end of one of the parcels of land where such parcel adjoined the location of the Grand Junction Branch of the respondent’s railroad. The respondent had no deed of the strip and admitted that the fee was in the petitioners subject to the easement for railroad purposes…
1Opinion of the CourtSheldon, J.
The judge of the Land Court found that the easement which otherwise wouldhavebeen vested in the respondent had been abandoned, and in our opinion there was evidence which warranted this finding. Westcott v. New York & New England Railroad, 152 Mass. 465. Bicknell v. New York & New England Railroad, 161 Mass. 428. New York, New Haven, & Hartford Railroad v. Benedict, 169 Mass. 262, 267. This made the respondent’s first, second, third, fourth, fifth, ninth, tenth and eleventh requests for rulings immaterial. Its sixth and eighth requests were properly refused. St. 1906, c. 463, Part II, § 80,…
2Cases cited7 opinions
- Canton Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1904
- Westcott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- New York, New Haven, & Hartford Railroad v. BenedictMassachusetts Supreme Judicial Court · 1897
- Hall v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Bicknell v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Fenn v. Town of MiddleboroughMassachusetts Appeals Court · 1979
- Dyer v. SianoMassachusetts Supreme Judicial Court · 1937
- Hurlbut Rogers Machinery Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1920
- Bernard v. Nantucket Boys' Club, Inc.Massachusetts Supreme Judicial Court · 1984
1 more not listed; retrieve them via the Exa API.