New York Central & Hudson River Railroad v. City of Chelsea
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on August 30, 1911, by the New York Central and Hudson River Railroad Company and the Boston and Albany Railroad Company against the city of Chelsea and the commissioners constituting the Chelsea board of control appointed under the provisions of St. 1908, c. 559, seeking to establish the rights of the plaintiffs in a location through certain streets in the defendant city.
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on August 30, 1911, by the New York Central and Hudson River Railroad Company and the Boston and Albany Railroad Company against the city of Chelsea and the commissioners constituting the Chelsea board of control appointed under the provisions of St. 1908, c. 559, seeking to establish the rights of the plaintiffs in a location through certain streets in the defendant city. The suit was referred to Patrick H. Cooney, Esquire, as master. Among findings in his report which are not described in the opinion were the following: St. Í900, c. 468,…
1Opinion of the CourtHammond, J.
By this bill the plaintiffs seek to establish the location of the Grand Junction branch of the Boston and Albany Railroad at least twenty-eight feet in width over certain lands and public streets in the city of Chelsea, and ask for an injunction against any interference upon the part of the defendants, their officers, agents and servants, with the lawful acts of the plaintiffs upon such location. The defendants deny the validity of the location, and especially insist that even if there be a valid location its width is only thirteen instead of twenty-eight feet. The case was referred to a…
2Cases cited5 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Barnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1881
- May v. New England RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by5 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Putnam v. BolsterMassachusetts Supreme Judicial Court · 1914
- Samuel & Nathan E. Goldstein, Inc. v. DietzMassachusetts Supreme Judicial Court · 1933
- Agostini v. North Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1928