Westcott v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, in the nature of trespass, for entering, on or about June 22, 1888, a strip of land eight and a quarter feet wide westerly of the defendant’s railroad, and for removing an intervening fence and appropriating the strip for railroad purposes. At the trial in the Superior Court, before Dewey, J., both the plaintiff and the defendant excepted to certain rulings; and the judge, after a verdict for the plaintiff, reported the case for the determination of this court.
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Tort, in the nature of trespass, for entering, on or about June 22, 1888, a strip of land eight and a quarter feet wide westerly of the defendant’s railroad, and for removing an intervening fence and appropriating the strip for railroad purposes. At the trial in the Superior Court, before Dewey, J., both the plaintiff and the defendant excepted to certain rulings; and the judge, after a verdict for the plaintiff, reported the case for the determination of this court. The facts, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtC. Allen, J.
The court ruled in the defendant’s favor, that the location of the railroad on April 27, 1854, which was five rods wide, was valid, and that the defendant had a valid right of way over the premises now in controversy, consisting of a strip of land half a rod wide on the outer line of the location on one side thereof, unless the jury should he satisfied that it had been abandoned. That there might be an abandonment of the right of way is conceded. The defendant contended, however, that there was no evidence to warrant a finding of such abandonment; and this presents the principal question…
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