Szathmary v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 8, 1909, and amended on November 10, 1909, and May 17, 1910, to restrain the defendant Boston and Albany Railroad Company from trespassing further upon the plaintiff’s land in that part of Boston called Brighton by encroaching thereon with the foundation of a retaining wall constructed by that defendant, praying for a mandatory injunction ordering that defendant to remove forthwith from the plaintiff’s land all portions…
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Bill in equity, filed in the Superior Court on November 8, 1909, and amended on November 10, 1909, and May 17, 1910, to restrain the defendant Boston and Albany Railroad Company from trespassing further upon the plaintiff’s land in that part of Boston called Brighton by encroaching thereon with the foundation of a retaining wall constructed by that defendant, praying for a mandatory injunction ordering that defendant to remove forthwith from the plaintiff’s land all portions of the foundation of such retaining wall, for a perpetual injunction, for damages, and for further relief. The case was…
1Opinion of the CourtDe Courcy, J.
In the memorandum filed by the judge who heard the case is the following: “I find that along by the land of the plaintiff where it joins or abuts on the land of the defendant, *44the New York Central and Hudson River Railroad at or about the time mentioned in the bill, and its agents and servants, constructed a strong retaining wall, to keep the land of the plaintiff from falling or sliding down upon the defendant’s railroad tracks; that the top of said wall is substantially on the line between the parties and no part of the very top of it is on the plaintiff’s land, but that the defendant, in…
2Cases cited10 opinions
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- Kershishian v. JohnsonMassachusetts Supreme Judicial Court · 1911
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Skehill v. AbbottMassachusetts Supreme Judicial Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- New York Central & Hudson River Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1927
23 more not listed; retrieve them via the Exa API.