199 184 287 288 86 75 26 525 327 141 Holden v. Fletcher, 6 Cush. 235 v. Mosely, 11 Gray, 170 Huddleston v. Lowell Machine Shop, Hughes. Macfie, 2 H. & C. 744 43 Lewis v. Lewis, 106 Mass. 309 v. Lyman, 22 Pick. 437 Lichtenhein v. Boston & Providence Little v. Cambridge, 9 Cush. 298 Littlefield v. Smith, 17 Maine, 327 536 466 Livingstone v. Kane, 3 Johns, Ch. 224 Laing v. Laing, 6 C. E. Green, 248 330 92 491 155 145 Leighton v. Harwood, 111 Mass. 67 511 310 280 328 40 377, 382 322 v. Mercein, 8 Paige, 47 v. Smith, 21 N. Y. 595 Perry v. Goodwin, 6 Mass. 498 Phelps v. Davis, 6 Allen, 287 v. Worcester, 11 N. H. 51 Pidge v. Pidge, 3 Met. 257 Pierce v. Eaton, 11 Gray, 398 v. George, 108 Mass. 78 v. Woodward, 6 Pick. 206 Piper v. Pearson, 2 Gray, 120 Poor v. Poor, 8 N. H. 307 Potter v. Smith, 103 Mass. 68 Powell v. Deveney, 3 Cush. 300 Pratt v. Parkman, 24 Pick. 42 Presbrey v. Old Colony & Newport Railway Co. 103 Mass. 1 Prescott v. Trueman, 4 Mass. 627 Price v. Weaver, 13 Gray, 272 Queen, The, v. St. George's Union, L. R. 7 Q. B. 90 Railway Co. v. Whitton, 13 Wall. 270 Randfield v. Randfield, 3 De G., F. & J. 766 Rex v. Bailey, Russ. & Ry. 341 330 131 282 483 265 330 79, 80 542 15 30 169 330 74 123 141 166, 167 29 150 30 253 74, 75 COUNTY OF ESSEX, NOVEMBER TERM 1872, [CONTINUED FROM VOL. CX.] PRESENT: HON. REUBEN A. CHAPMAN, CHIEF JUSTICE. HON. HORACE GRAY, JR., HON. JOHN WELLS, HON. SETH AMES, } JUSTICES. JOSEPH CARROLL vs. MANCHESTER AND LAWRENCE RAIL ROAD CORPORATION. Conduct by one of the parties to a transaction will not amount to an estoppel if it was not accompanied by a design that the other party should act upon it, and has not been followed by any change in the situation of that party. TORT to recover damages for an injury sustained by the plaintiff from the defendants' negligence, while a passenger upon their road. Writ dated February 17, 1872. Trial in the Superior Court, before Putnam, J., who allowed the following bill of exceptions: "The evidence tended to show that the plaintiff received an injury by a collision of trains upon the defendants' road; that |