Conklin v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for injuries received by the plaintiff’s horses while upon the defendant’s railroad. Trial in the Superior Court, before Pitman, J., who, after a verdict for the plaintiff, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The plaintiff’s horses escaped from his stable, and passed over two strips of land, which formed part of a lot hired by the plaintiff and had been taken by the city of Boston *156for the purpose of making a new channel for Stony Brook, and went upon the defendant’s railroad track, where they were run over by a train. There was no fence between the track and the lands taken by the city. The question is whether the city took a fee in either of the two strips of land, or only an easement. If it took a fee, the horses were trespassing and as trespassers went upon the railroad track, and the plaintiff…
2Cases cited3 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Clark v. City of WorcesterMassachusetts Supreme Judicial Court · 1878
- Page v. O'TooleMassachusetts Supreme Judicial Court · 1887
3Cited by9 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Perry v. Planning Board of NantucketMassachusetts Appeals Court · 1983
- Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Newton v. City of NewtonMassachusetts Supreme Judicial Court · 1905
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