Googins v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed on December 23, 1889, by Mark Googins and Ellis P. Miller, to restrain the defendant corporation from obstructing an alleged right of way over its railroad in East Boston. The case was heard by Knowlton, J., who, at the request of the parties, reported it for the consideration of the full court; such decree to be entered as the court might determine. The material facts appear in the opinion.
1Opinion of the CourtHolmes, J.
We assume in favor of the. plaintiffs that they had a right of way across the tracks of the Grand Junction Railroad and Depot Company at the time of the taking by the Boston and Worcester Railroad Company, to whose rights the defendant has succeeded. But we are of opinion that the St. of 1866, c. 278, § 3, authorized the taking of the land in question, and not merely of the right, title, and interest of the Grand Junction Company, and we are of opinion that the taking in fact was of the land, and was paramount to the plaintiff’s right of way.
The statute authorizes the Boston and Worcester…
2Cases cited5 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Abbott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1888
- Smith v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by12 opinions
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- Imbescheid v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
- Flagg v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1916
- Cooley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
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