Coakley v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, brought under the provisions of Pub. Sts. c. 112, § 213, for causing the death of the plaintiffs’ intestates on February 22,1891, by an accident at a grade crossing in Wayland, claimed by the plaintiffs to be a highway, town way, or travelled place, within the meaning of § 163 of said chapter.
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Two ACTIONS OF TORT, brought under the provisions of Pub. Sts. c. 112, § 213, for causing the death of the plaintiffs’ intestates on February 22,1891, by an accident at a grade crossing in Wayland, claimed by the plaintiffs to be a highway, town way, or travelled place, within the meaning of § 163 of said chapter. Trial in the Superior Court, before Hopkins, J., who upon the conclusion of the evidence directed a verdict for the defendant in each case, and the plaintiffs alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiffs contend that, as the road had been in use by the public for many years, it would have been com*34petent for the jury to find that it was a highway by prescription or by dedication. But the bill of exceptions discloses no conflict of evidence upon the status of the road. Upon uncontradicted evidence it appeared that the road was laid out as a town way in the year 1731, and that the part of it in which the crossing is situated is yet "such a way, unless it was discontinued in the year 1872. The town records show an article in a warrant for a meeting held on November 30, 1872, “ To…
2Cases cited8 opinions
- Letton v. YoungCourt of Appeals of Kentucky · 1859
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Webster v. City of LowellMassachusetts Supreme Judicial Court · 1886
- Brownell v. PalmerSupreme Court of Connecticut · 1852
- Commonwealth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wright v. WalcottMassachusetts Supreme Judicial Court · 1921
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- New London v. DavisSupreme Court of New Hampshire · 1904
- Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
- Murphy v. Avery Chemical Co.Massachusetts Supreme Judicial Court · 1921
9 more not listed; retrieve them via the Exa API.