Keane v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for trespass alleged to have been committed by the defendant between August 1, 1884, and July 12, 1890, the date of the writ.
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Tort, for trespass alleged to have been committed by the defendant between August 1, 1884, and July 12, 1890, the date of the writ. At the trial in the Superior Court, before Hammond, J., there was evidence tending to show that the plaintiff was the owner of a parcel of land in Marlborough, situated on Howe Street on the southerly side of a private way called Weed Street; that the land in the deed conveying it to the plaintiff was bounded northerly “by a street. . . called Weed Street ”; that the railroad tracks of the defendant ran parallel with Howe Street about two hundred feet…
1Opinion of the CourtAllen, J.
There was evidence tending to show an implied license by the plaintiff for the continuance of the railroad for several years prior to the date of the writ; but the existence of such license was in dispute. Such license might be implied from circumstances, and the plaintiff no longer disputes the competency of the evidence offered for that purpose of facts which happened before the date of the writ. Merrick v. Plumley, 99 Mass. 566. But he contends that such license was revocable, if it ever existed, and that the bringing of the action was a revocation, and that evidence of what took place…
2Cases cited7 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1914
- Illinois Central R. R. v. TreatAppellate Court of Illinois · 1898