Massachusetts Reports Volume 236 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...requires specification not only of any such discontinuance, but also of the grade which is to be established, it would be yet more difiicult to infer one of these requisites from a declaration of the other." Bliss v. Attleborough, 200 Mass. 227, 230, 231. Even if the old location could be discontinued by implication, and a new one substituted, we find nothing in the decision which warrants this inference. No new location was established; the only change in this respect was the making of a new base line, and it cannot be inferred from this that the old location was extinguished. In describing the land taken for slopes, the tract in question is referred to and its boundaries given, and from these boundaries as well as from the plans filed with the report, the defendant contends that the lot is shown to be outside of the railroad location and free from the easement. VVe do not think it can be implied from this description of the land taken for slopes that the established location of the railroad was discontinued or the easement over the land extinguished. The judge found that the title of the railroad company to the quadrilateral tract was not abandoned. Abandonment is usually a question of fact, Willets v. Langhaar, 212 Mass. 573, and there was no error of law in this finding. The sixth request was refused properly. The mere production of the plan by the Old Colony Railroad at the hearing before the commission, showing that the land conveyed extended one hundred and four feet on High Street, did not work an estoppel against the railroad company. There was no evidence that the defendant was induced by the conduct of the railroad company to do what she otherwise would not have done or to abstain from doing what she would have done, nor that the company kn...