Powers v. City Council
Massachusetts Supreme Judicial Court
Petition filed August 31, 1874, for a writ of certiorari, to quash proceedings of the city council of Springfield. The petition set forth the proceedings of the county commissioners, stated in the next preceding case, ante, 73, and further alleged that pursuant to the St. of 1872, c. 262, § 2, the Boston and Albany Railroad Company named Isaac Hinckley, of Philadelphia, one of the commission of three disinterested persons therein mentioned, and the board of railroad…
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Petition filed August 31, 1874, for a writ of certiorari, to quash proceedings of the city council of Springfield. The petition set forth the proceedings of the county commissioners, stated in the next preceding case, ante, 73, and further alleged that pursuant to the St. of 1872, c. 262, § 2, the Boston and Albany Railroad Company named Isaac Hinckley, of Philadelphia, one of the commission of three disinterested persons therein mentioned, and the board of railroad commissioners designated a member of that board as one of said commission, and the three persons named as aforesaid accepted the…
1Opinion of the CourtGray, C. J.
The city council of Springfield has general jurisdiction of the subject of altering highways in the city. Sts. 1852r *86c. 94, § 14; 1872, c. 334, § 4 ; 1873, c. 126, § 1. Day v. Aldermen of Springfield, 102 Mass. 310. And we have no doubt that this jurisdiction extends to those portions of the highways which lie at and near railroad crossings, provided that no alteration is made in the grade of a railroad except by the consent of the railroad corporation, and that no other tribunal has previously acquired jurisdiction of the raising or lowering of the highway ai the particular crossing in…
2Cases cited3 opinions
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Stearns v. StearnsMassachusetts Supreme Judicial Court · 1819
- Day v. Board of AldermenMassachusetts Supreme Judicial Court · 1869
3Cited by12 opinions
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Attorney General v. Mayor of NorthamptonMassachusetts Supreme Judicial Court · 1887
- Pruitt v. MuldrickOregon Supreme Court · 1901
- Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
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