Massachusetts Supreme Judicial Court January 15, 1869 (Burns v. Boston & Lowell Railroad)

Colt, J.

In the opinion of a majority of the court there is nothing in this bill of exceptions, which discloses the existence of any relation, by contract or otherwise, between the parties, under which, in law, there was any peculiar obligation or duty imposed upon the defendants not to move their train upon the tracks on their own premises as their own necessities or convenience required.