Boston & Albany Railroad v. City Council of Cambridge
Massachusetts Supreme Judicial Court
Petition, for a writ of certiorari to the City Council of Cambridge, commanding it to certify and cause to be removed to this court the record of its proceedings in reference to an alleged taking by it of the petitioner’s land within the lines of its location for a public park, conformably to the provisions of St. 1892, c. 341, § 1, as amended by St. 1893, c. 337, § 1. The case, which was heard on the petition, the certificate of the respondent, and an agreed statement of…
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Petition, for a writ of certiorari to the City Council of Cambridge, commanding it to certify and cause to be removed to this court the record of its proceedings in reference to an alleged taking by it of the petitioner’s land within the lines of its location for a public park, conformably to the provisions of St. 1892, c. 341, § 1, as amended by St. 1893, c. 337, § 1. The case, which was heard on the petition, the certificate of the respondent, and an agreed statement of facts, and at the request of the parties reserved by Barker, J. for the 'Consideration of the full court, is stated in the…
1Opinion of the CourtBarker, J.
While the Legislature may authorize the taking for a public use of property already appropriated to .a different public use, and such authority may be given without an express statement that the property was already so appropriated, the Legislature will not be deemed to have given such authority unless its intention so to do has been plainly manifested. Old Colony Railroad v. Framingham Water Co. 153 Mass. 561, and *225cases cited. Applying these principles, we are of opinion that the respondent was not authorized to take for a public park the land within the location of the petitioner’s…
2Cases cited1 opinion
- Old Colony Railroad v. Framingham Water Co.Massachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- City of Albuquerque v. GarciaNew Mexico Supreme Court · 1913
- Commonwealth v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1963
- Portland Ry. v. City of PortlandU.S. Circuit Court for the District of Oregon · 1910
- N.C. Rwy. Co. v. M. C.C. of Balt.Court of Appeals of Maryland · 1919
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