Legal Opinion

Westborough, Selectmen of

Massachusetts Supreme Judicial Court

Decided November 23, 1897PublishedCited by 8 opinions

Petition, under St. 1890, c. 428, by the Selectmen of the town of Westborough and the Directors of the Boston and Albany Railroad Company, for the abolition of certain grade crossings in said town. Hearing in the Superior Court, before Richardson, J., who reported the case for the determination of this court. The facts appear in the opinion, and in a note of the reporter thereto.

1Opinion of the CourtAllen, J.

This was a joint petition of the Selectmen of Westborough and the Directors of the Boston and Albany Railroad Company, brought under the provisions of St. 1890, c. 428, to bring about the abolition of certain grade crossings in West-borough. It may be that, strictly speaking, the selectmen in joining in this petition did not act as agents of the town. But due notice was given to the town and to the Commonwealth, and after the return day of the notice, the Commonwealth, the selectmen, and the directors agreed upon three persons as commissioners, who were accordingly appointed. Public hearings…

2Cases cited5 opinions

  1. Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
  2. Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
  3. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
  4. Mayor & Aldermen of Worcester v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1873
  5. City of Cambridge v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1896

3Cited by8 opinions

  1. Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
  2. Magee v. Pacific Improvement Co.California Supreme Court · 1893
  3. Town of Polk v. Railroad CommissionWisconsin Supreme Court · 1913
  4. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1916
  5. Mayor of SpringfieldMassachusetts Supreme Judicial Court · 1920

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