New York, New Haven, & Hartford Railroad v. Cohasset Water Co.
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court in the county of Plymouth on December 9, 1910, by the New York, New Haven, and Hartford Railroad Company, as lessee, and the Old Colony Railroad Company, as its lessor, against the Cohasset Water Company, a public service corporation, for the assessment by a jury of damages for alleged injury to the property of the petitioners in the portions of King Street, Spring Street, and Beechwood Street in the town of Cohasset crossed by the…
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Petition, filed in the Superior Court in the county of Plymouth on December 9, 1910, by the New York, New Haven, and Hartford Railroad Company, as lessee, and the Old Colony Railroad Company, as its lessor, against the Cohasset Water Company, a public service corporation, for the assessment by a jury of damages for alleged injury to the property of the petitioners in the portions of King Street, Spring Street, and Beechwood Street in the town of Cohasset crossed by the railroad of the petitioners at grade by the acts of the respondent in laying water pipes therein under authority of St. 1886,…
1Opinion of the CourtLoring, J.
This appeal is without merit.
*292Before the railroads acquired any rights by their locations in the parcels of land here in question the public had acquired highway rights in them. The public’s highway rights were not extinguished by the railroad locations. They were modified by the fact that thereafter the same parcel of land was subject to two co-ordinate easements, each of which had to be exercised with due regard for the exercise of the other. See, for example, Boston & Albany Railroad v. Worcester, 180 Mass. 71; New York Central & Hudson River Railroad v. Cambridge, 186 Mass. 249.
Highway…
2Cases cited5 opinions
- New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- McKeon v. New England RailroadMassachusetts Supreme Judicial Court · 1908
- Boston & Albany Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- New York Central & Hudson River Railroad v. City of CambridgeMassachusetts Supreme Judicial Court · 1904
3Cited by4 opinions
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
- New York Central & Hudson River Railroad v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1914
- George G. Fox Co. v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1914