In re Mayor of Northampton
Massachusetts Supreme Judicial Court
Petition of the mayor and aldermen of the city of Northampton, under the St. of 1890, c. 428, for the abolition of certain grade crossings in that city.
Read the full summary
Petition of the mayor and aldermen of the city of Northampton, under the St. of 1890, c. 428, for the abolition of certain grade crossings in that city. At the trial in the Superior Court, before Aldrich, J., it appeared that commissioners were duly appointed, and after the filing of their report and a motion to confirm the same, and before the court or any justice thereof had made a final decree in the case, the St. of 1892, c. 811, was passed, which statute is as follows : “ Section 1. In the proceedings now pending in the Superior Court for the abolition of certain grade crossings in the…
1Opinion of the CourtField, C. J.
None of the parties to this proceeding contend that any one of the provisions of St. 1890, c. 428, as amended by St. 1891, cc. 33, 123, 262, and St. 1892, c. 312, is unconstitutional. The petitioners, however, contend that St. 1892, c. 311, is unconstitutional, and the justice of the Superior Court so held; if this ruling is erroneous, the decree is to be set aside.
It is not denied that the subject of the crossing of highways and town ways by railroads is one which the Legislature may regulate from time to time, either by general or special laws. The Legislature may itself prescribe the…
2Cases cited16 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- KingmanMassachusetts Supreme Judicial Court · 1891
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
- Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- LaChapelle v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1945
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1920
12 more not listed; retrieve them via the Exa API.