Hamlin v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed January 25, 1895, against the New York, New Haven, and Hartford Railroad Company and the Old Colony Railroad Company, to compel the removal of certain obstructions in a way across the Old Colony Railroad in the Dorchester district of Boston, and to restrain further interference with the plaintiffs’ use of the way. Hearing before Holmes, J., who ordered a decree for the plaintiffs; and the defendants appealed to the full court.
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Bill in EQUITY, filed January 25, 1895, against the New York, New Haven, and Hartford Railroad Company and the Old Colony Railroad Company, to compel the removal of certain obstructions in a way across the Old Colony Railroad in the Dorchester district of Boston, and to restrain further interference with the plaintiffs’ use of the way. Hearing before Holmes, J., who ordered a decree for the plaintiffs; and the defendants appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The defendants have appealed from a final decree restraining them from interfering with the use of a way across the Old Colony Railroad. The railroad was built with a single track by the Old Colony Railroad corporation in the year 1845. The charter, St. 1844, c. 150, was enacted on March 16, 1844. The original location in Norfolk County was filed April 16, 1846, and shows a location four rods wide at the point in question. By St. 1848, c. 84, the corporation was authorized to take additional land, not exceeding twenty feet in width on either side of the railroad, for the purpose of building a…
2Cases cited2 opinions
- Googins v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Humphreys v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Hamlin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Cooley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
- Hamlin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- New York Central Railroad v. SwensonMassachusetts Supreme Judicial Court · 1916
- Whittemore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899