Brewer v. Boston, Clinton & Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the plaintiff owned a tract of land on the southerly side of Ash Street, in Clinton ' that upon the land was a dwelling-house and barn occupied by her; that at a distance of one hundred and fifty feet from her land, Ash Street at its westerly end intersected Main- Street, and at its easterly end terminated at a mill pond; that the plaintiff had a right of passage from her land over Ash Street to Main Street; that the defendant corporation…
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Tort. The declaration alleged that the plaintiff owned a tract of land on the southerly side of Ash Street, in Clinton ' that upon the land was a dwelling-house and barn occupied by her; that at a distance of one hundred and fifty feet from her land, Ash Street at its westerly end intersected Main- Street, and at its easterly end terminated at a mill pond; that the plaintiff had a right of passage from her land over Ash Street to Main Street; that the defendant corporation negligently and improperly put large quantities of earth, &c., upon Main Street at its intersection with Ash Street, and…
1Opinion of the CourtEndicott, J.
The first objection raised by the plaintiff to the action of the county commissioners and the record of their proceedings is that they had no jurisdiction in the premises.
By the statutes the commissioners have original jurisdiction of all questions arising on the construction of railroads across highways. They may, on petition by a railroad laid out across a highway, determine whether the railroad shall cross under, over or at grade, and what alterations are necessary in the highway, and the manner and time of making them. Gen. Sts. c. 63, §§ 48, 62; St. 1865, c. 239. But the plaintiff…
2Cases cited2 opinions
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869
3Cited by19 opinions
- Scudder v. Selectmen of SandwichMassachusetts Supreme Judicial Court · 1941
- August A. Busch Co. v. CaufieldCourt of Appeals of Texas · 1911
- Mordhurst v. Ft. Wayne & Southwestern Traction Co.Indiana Supreme Court · 1904
- Marinelli v. Board of Appeal of the Building DepartmentMassachusetts Supreme Judicial Court · 1931
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
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