Massachusetts Supreme Judicial Court December 7, 1892 (Claflin v. Boston & Albany Railroad)

Lathrop, J.

This is an action of tort, for the obstruction of an alleged right of way over the defendant’s railroad. At the close of the evidence the defendant asked the court to give seven rulings. The court gave three of them, by the consent of the plaintiff, and refused to give the others, and ruled that, upon all the evidence, the jury would be warranted in finding for the plaintiff.