Old Colony Railroad v. City of Fall River
Massachusetts Supreme Judicial Court
Bill in equity, filed May 5, 1886, to restrain the city of Fall River and Anthony Thurston, its surveyor of highways, from removing fences on either side of the plaintiff’s location at and across Pearce Street in that city, and from constructing the street across such location.
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Bill in equity, filed May 5, 1886, to restrain the city of Fall River and Anthony Thurston, its surveyor of highways, from removing fences on either side of the plaintiff’s location at and across Pearce Street in that city, and from constructing the street across such location. The bill alleged, that in 1874 the mayor and aldermen and common council of Fall River attempted to lay out Pearce Street across the plaintiff’s railroad in that city at grade; that they petitioned the county commissioners for leave to do so, but the proceedings had were so imperfect that the attempted laying out was…
1Opinion of the Court
Devens, J,
That there were certain irregularities and informalities in the proceedings of the board of mayor and aldermen in laying out Pearce Street across the railroad of the petitioner must be conceded. But the record of an inferior court or tribunal, not proceeding according to the course of the common law, cannot be impeached for mere informalities, either in an action of tort against one exercising authority under its order or decree, or by bill in equity to enjoin him from so doing. The writ of certiorari brings up the whole record, and this will not be granted on the petition of a…
2Cases cited5 opinions
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
- Attorney General v. Mayor of NorthamptonMassachusetts Supreme Judicial Court · 1887
- Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1874
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Scanlan v. City of BostonMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- Morrissey v. State Ballot Law CommissionMassachusetts Supreme Judicial Court · 1942
- Rash v. AllenSuperior Court of Delaware · 1910
- Flanders v. RobertsMassachusetts Supreme Judicial Court · 1903
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Farrell v. Mayor of RevereMassachusetts Supreme Judicial Court · 1940
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