Inhabitants of Middleborough v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Bill in EQUITY in the Superior Court by the town of Middle-borough -praying for a decree, that the value of certain land, buildings and appliances purchased and held by the town for the purpose of its gas and electric light plant, and later taken for a highway by it in carrying out a decree of the Superior Court on the petition of its selectmen for the abolition of a grade crossing under St. 1890, c. 428, and the damages incident to such taking, are items of expense incurred…
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Bill in EQUITY in the Superior Court by the town of Middle-borough -praying for a decree, that the value of certain land, buildings and appliances purchased and held by the town for the purpose of its gas and electric light plant, and later taken for a highway by it in carrying out a decree of the Superior Court on the petition of its selectmen for the abolition of a grade crossing under St. 1890, c. 428, and the damages incident to such taking, are items of expense incurred by the plaintiff which it is entitled to have ascertained and apportioned under the act, filed June 19, 1900. In the…
1Opinion of the CourtBarker, J.
Land owned in fee by the town of Middle-borough, part of its municipal gas and electric light plant, has been appropriated to another public use, in proceedings for the abolition of certain grade crossings, under St. 1890, c. 428, and the acts in addition thereto. The value of the land so taken, including the damage to that part of the plant not taken, is a contribution at the cost of the plaintiff toward the expense of abolishing the crossings, and if the amount of that contribution cannot be included' in the account of expenses, and cannot be decreed to be paid by the railroad company, the…
2Cases cited2 opinions
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Boston & Albany Railroad v. Inhabitants of CharltonMassachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
- Boston & Maine Railroad v. Town of GreenfieldMassachusetts Supreme Judicial Court · 1925
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Mayor & Aldermen of TauntonMassachusetts Supreme Judicial Court · 1935
- Boston & Albany Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1901