Newton v. Agricultural Branch Railroad
Newton v. Agricultural Branch Railroad
Opinion of the Court
The only question which can be properly adjudicated in this action is whether the defendants have unlawfully located their road through the plaintiff’s premises, and wrongfully taken her land. It is wholly immaterial and irrelevant to this inquiry to consider whether they have elsewhere deviated from the limits prescribed by their act of incorporation. A variation from the route fixed by statute in one part of a line of railroad does not invalidate and render void the entire location, as well that within as that without the true limits. Certainly the only inquiry which the plaintiff can make is, whether through her land the road is legally located. She cannot call in question the validity of the location elsewhere. If through her land the defendants have kept within their chartered limits, she has no cause of action against them.
Upon loolting at the place referred to in the exceptions, it is very clear that the defendants, in constructing a road from a terminus at Northborough to Southborough, in a reasonably direct line, passing to the north of the house of Willard Newton, might have gone through and taken the plaintiff’s land. Indeed, it was conceded at the argument, that if, after passing through the estate of the plaintiff, they had continued on in an easterly direction to the village of Southborough, instead of diverging northerly towards the southerly village of Marlborough, they would
Reference
- Full Case Name
- Margaret Newton v. Agricultural Branch Railroad Corporation
- Status
- Published