New York Central Railroad v. Swenson

This is a bill in equity brought to enjoin the defendant from crossing the location of the plaintiff’s railroad in the town of Wellesley. The defendant is the owner of & certain parcel of land in Wellesley north of, but not adjoining, the plaintiff’s location above referred to. The deed under which the defendant acquired title to his land is dated June 21, 1887, and it is agreed that until July 11, 1888, when a new location for the railroad was ■filed under the provisions of St. 1887, c. 430, the defendant was the owner of a right of way as appurtenant to his land over the tracks of the…