Hayes v. New England Telephone & Telegraph Co.

On Rehearing. After the foregoing opinion was filed, the defendant moved for a rehearing.

Branch, J.

In support of its motion for a rehearing, the defendant argues as follows:(1) That as an incident to the granting of a license, the statute requires selectmen “to determine the question of safe location.”(2) That in so doing, they act “solely in a judicial capacity.”(3) That a license fixing the location of poles is, in effect, a “declaratory judgment” establishing the safety of each pole location.(4) That this judgment is conclusive against all persons and utterly precludes a finding of…