Sprow v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Ellen Harrod, for causing her death. The declaration contained two counts, one under Pub. Sts. c. 112, § 213, and the other under § 212. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort, by the administrator of the estate of Ellen Harrod, for causing her death. The declaration contained two counts, one under Pub. Sts. c. 112, § 213, and the other under § 212. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. It appeared that the plaintiff’s intestate, who was a colored woman, was killed on June 9, 1892, by being struck by the locomotive engine of an express train of the defendant at a crossing at grade of a way known as Greenwood Avenue by the defendant’s railroad in Newton. Edward A. Moore testified that he was…
1Opinion of the CourtAllen, J.
In. order to support the first count of the declaration, it became necessary at the trial for the plaintiff to show that the crossing over the railroad at which the collision occurred had become a highway or town way by prescription; this count being founded on Pub. Sts. c. 112, § 213. We have *339to determine whether the plaintiff had sufficient evidence to entitle him to go to the jury on this question.
In order to show a public way by prescription, it was necessary for the plaintiff to prove an adverse use continued without interruption for twenty years, and an acquiescence in such use by the…
2Cases cited17 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by41 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Anson v. TietzeSupreme Court of Missouri · 1945
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
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