Hall v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Petition, filed on February 26,1910, for the assessment of damages alleged to have resulted to the plaintiff from the abolition of a grade crossing of Pleasant Street in Malden by the railroad of the defendant.
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Petition, filed on February 26,1910, for the assessment of damages alleged to have resulted to the plaintiff from the abolition of a grade crossing of Pleasant Street in Malden by the railroad of the defendant. In the Superior Court the case was tried before King, J. It appeared that the defendant had succeeded to the rights of a corporation named the Boston and Maine Extension Railroad, which had been incorporated by St. 1844, e. 172, and which had acquired its location in 1845 by filing a petition and plan of location with the county commissioners as required by the statutes then in force.…
1Opinion of the CourtRugg, C. J.
The petitioner being an owner of land adjoining the railroad location claims a private right of way longitudinally over and along a portion of the location of the respondent acquired by continuous, open and adverse use from 1868 to 1908. The question is whether such an easement can be gained by prescription since the enactment of St. 1861, c. 100, now St. 1906, c. 463, Part II, § 80. The material words of the earlier statute are that if such landowner occupies “for the purpose of cultivation or otherwise, any land belonging to or included within the location of any such railroad, no…
2Cases cited8 opinions
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Fitchburg Railroad v. FrostMassachusetts Supreme Judicial Court · 1888
- Turner v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Rowley v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2003
- Hurlbut Rogers Machinery Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1920
- Agostini v. North Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1928
2 more not listed; retrieve them via the Exa API.