Boston & Albany Railroad v. Reardon
Massachusetts Supreme Judicial Court
Two petitions, filed in the Land Court on March 4, 1910, by the Boston and Albany Railroad Company for the registration of its title as the owner in fee simple of certain land in Cambridge. The cases were heard together by Davis, J. The essential facts are stated in the opinion. One Hastings, the city engineer of the city of Cambridge, was called as a witness by the respondents.
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Two petitions, filed in the Land Court on March 4, 1910, by the Boston and Albany Railroad Company for the registration of its title as the owner in fee simple of certain land in Cambridge. The cases were heard together by Davis, J. The essential facts are stated in the opinion. One Hastings, the city engineer of the city of Cambridge, was called as a witness by the respondents. He produced a plan which, he testified, was “furnished to him” by the petitioner, showing the side line of the location of 1866, with a red line running from it. This red line was interpreted by the city engineer, in…
1Opinion of the CourtRugg, C. J.
These two petitions for the registration of title to land resolve themselves into a question of statutory construction. If the statute has one meaning, the petitioner is entitled to registration; if it has another meaning, other factors need *289to be considered. The question is whether title of land, the fee in which is in a railroad corporation, can be acquired by prescription.
It was provided by St. 1874, c. 372, § 107 (now St. 1906, c. 463, Part II, § 80), in force at the time when the defendant took possession of the land in question as follows: “4. Intrusion on lands belonging to railroads.…
2Cases cited25 opinions
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- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
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