Selectmen of Gardner v. Templeton Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, by the selectmen of the town of Gardner, to enforce a condition contained in the original location granted to the defendant, praying for a mandatory injunction ordering the defendant to take up a certain portion of its track, and substitute therefor girder rails with granite block paving between the rails and for eighteen inches outside thereof.
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Bill in equity, by the selectmen of the town of Gardner, to enforce a condition contained in the original location granted to the defendant, praying for a mandatory injunction ordering the defendant to take up a certain portion of its track, and substitute therefor girder rails with granite block paving between the rails and for eighteen inches outside thereof. In the Superior Court Q-askill, J. excluded certain evidence offered by the defendant and refused to give the rulings requested by the defendant. He reported the case for determination by this court. If any of the evidence offered by…
1Opinion of the CourtLoring, J.
On July 18,1899, the selectmen of Gardner, acting under St. 1898, c. 578, (now R. L. c. 112,) granted to the defendant a location in the public highways within that town. It is provided by § 13 of this act, (now R. L. c. 112, & 7,) that in case they are of opinion that public necessity and convenience require the granting of the location, the selectmen may “prescribe how the tracks shall be laid and the kind of rails,” and other appliances which shall be used, and that they may “ impose such other terms, conditions and obligations in addition to the general provisions of law governing such…
2Cases cited10 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Inhabitants of Winthrop v. New England Chocolate Co.Massachusetts Supreme Judicial Court · 1902
- Murray v. StevensMassachusetts Supreme Judicial Court · 1872
- Perry v. HullMassachusetts Supreme Judicial Court · 1902
- Wheelock v. Auditor of Suffolk CountyMassachusetts Supreme Judicial Court · 1881
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3Cited by22 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- State v. PhelpsArizona Supreme Court · 1948
- Rines v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1953
- Selectmen of Clinton v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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