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WEINER v. BOSTON & MAINE CORP.

361 Mass. 427 (1972)

280 N.E.2d 668

WILLIAM WEINER, trustee, vs. BOSTON AND MAINE CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1972.

Attorney(s) appearing for the Case

Frederic N. Halstrom (Joseph Schneider with) for the plaintiff.

John E. O'Keefe, for the Boston and Maine Corporation (Thomas L. Sullivan, for the Massachusetts Bay Transportation Authority, with him).

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & BRAUCHER, JJ.

TAURO, C.J.

In this bill for declaratory relief the plaintiff (as successor to the original grantee) seeks a declaration that the defendant Boston and Maine Corporation (the Railroad)1 within the terms of a deed of conveyance has abandoned its passenger service, and that the viaduct on the land was not part of the conveyance and therefore the plaintiff is entitled to reimbursement for the real estate taxes he has paid.

The plaintiff...

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