Inhabitants of Deerfield v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, for obstructing, on November 1,1883, and continuously from that time to April 17, 1886, the date of the writ, a private way leading from a county road over land of the plaintiff, and thence, along and over the land of the defendant, to a burial ground owned by the plaintiff. Answer, a general denial.
Read the full summary
Tort, for obstructing, on November 1,1883, and continuously from that time to April 17, 1886, the date of the writ, a private way leading from a county road over land of the plaintiff, and thence, along and over the land of the defendant, to a burial ground owned by the plaintiff. Answer, a general denial. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: In 1805 a tract of land was conveyed to the plaintiff, which comprised the land now occupied by a burial ground, and the ' land west of it to the county road. Over the latter parcel the…
1Opinion of the CourtField, J.
We see no reason to doubt that a town may acquire by prescription a private right of way as appurtenant to a public burial ground belonging to the town. The statutes *335for many years past have provided that “ each town and city shall provide one or more suitable places for the interment of persons dying within its limits.” Pub. Sts. c. 82, § 9. Gen. Sts. c. 28, § 4. St. 1855, c. 257, § 1. As a town may acquire a private "right of way from a public way to a public burial ground by grant, it may acquire a similar right of way by prescription. Such a way, although open to use for all persons who…
2Cases cited12 opinions
- Thompson v. PiocheCalifornia Supreme Court · 1872
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- People Ex Rel. Williams v. KingmanNew York Court of Appeals · 1862
- Dodge v. StacySupreme Court of Vermont · 1867
- Fitchburg Railroad v. PageMassachusetts Supreme Judicial Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Foot v. BaumanMassachusetts Supreme Judicial Court · 1955
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Tucker v. PochMassachusetts Supreme Judicial Court · 1947
16 more not listed; retrieve them via the Exa API.