Chandler v. Railroad Commissioners
Massachusetts Supreme Judicial Court
Petition, by the selectmen of the town of Brookline, against the board of railroad commissioners of the Commonwealth, and William Aspinwall, to restrain said board from assuming jurisdiction of an appeal by said Aspinwall from a decision of the county commissioners, ordering, upon the petition of said selectmen, certain alterations in a bridge over the Boston and Albany Railroad in Washington Street, a highway in said Brookline, and its approaches.
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Petition, by the selectmen of the town of Brookline, against the board of railroad commissioners of the Commonwealth, and William Aspinwall, to restrain said board from assuming jurisdiction of an appeal by said Aspinwall from a decision of the county commissioners, ordering, upon the petition of said selectmen, certain alterations in a bridge over the Boston and Albany Railroad in Washington Street, a highway in said Brookline, and its approaches. The case was heard by O. Allen, J., and reserved for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtField, J.
The question in this case is whether Mr. Aspinwall is a party aggrieved by the decision of the county commissioners, within the meaning of the St. of 1882, a. 135, § 1. That section relates to proceedings under the Pub. Sts. o. 112, §§ 129, 138. Section 129 implies that an application may be made to the county commissioners by the mayor and aldermen of a city or the selectmen of a town, or the directors of a railroad corporation, and enacts that “ the county commissioners shall, after due notice, hear all parties interested, and, if they decide that such alteration is necessary, shall…
2Cases cited5 opinions
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Day v. Board of AldermenMassachusetts Supreme Judicial Court · 1869
- Henshaw v. CottonMassachusetts Supreme Judicial Court · 1879
3Cited by18 opinions
- Saint Luke's Hospital v. Labor Relations CommissionMassachusetts Supreme Judicial Court · 1946
- Allydonn Realty Corp. v. Holyoke Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- Pena Y Vidaurri's Estate v. BruniCourt of Appeals of Texas · 1913
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