New Haven & Northampton Co. v. Hayden
Massachusetts Supreme Judicial Court
Contract on an agreement, whereby the defendants agreed to secure the right of way for the plaintiffs for their railroad, free of expense to the plaintiffs, from the westerly side of the town farm in Northampton to the western terminus of the road in Williamsburg.
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Contract on an agreement, whereby the defendants agreed to secure the right of way for the plaintiffs for their railroad, free of expense to the plaintiffs, from the westerly side of the town farm in Northampton to the western terminus of the road in Williamsburg. After the former decision reported 107 Mass. 525, the parties agreed that judgment should be rendered for the plaintiffs for three fifths of such sum ’as an assessor should find “ the plaintiffs have paid or are hound to pay for their right of way described in the contract,” and that the assessor should report any question of law…
1Opinion of the CourtMorton, J.
The assessor’s report presents numerous questions of law, but many of them have been waived by the parties, and we shall consider only those which were insisted on at the argument in this court.
1. The first question is as to the extent to which the defendants are hable under their contract for the land which the plaintiffs have taken or purchased for the use of their road. The defendants claim that they are liable only for a strip of land five rods in width, and not for any land in excess of that width.
The plaintiffs claim that the defendants are hable for ah the land taken for the use of the…
2Cited by12 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Hiss v. FriedbergSupreme Court of Virginia · 1960
- Malloy v. CarrollMassachusetts Supreme Judicial Court · 1934
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Dorsett v. GarrardSupreme Court of Georgia · 1890
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