Legal Opinion

Selectmen of Hadley

Massachusetts Supreme Judicial Court

Decided March 11, 1901PublishedCited by 2 opinions

Petition of the selectmen of Hadley to the Superior Court for the county of Hampshire for leave to file a bill of review for the purpose of obtaining a review and reversal of a decree of that court of June 25, 1900, confirming a decision of commissioners appointed under St. 1890, c. 428, prescribing the alterations for the abolition of a grade crossing of the Massachusetts Central Railroad and Amherst Road in Hadley, known as Flaherty’s Crossing, filed August 28, 1900. The…

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Petition of the selectmen of Hadley to the Superior Court for the county of Hampshire for leave to file a bill of review for the purpose of obtaining a review and reversal of a decree of that court of June 25, 1900, confirming a decision of commissioners appointed under St. 1890, c. 428, prescribing the alterations for the abolition of a grade crossing of the Massachusetts Central Railroad and Amherst Road in Hadley, known as Flaherty’s Crossing, filed August 28, 1900. The Central Massachusetts Railroad Company and the Boston and Maine Railroad, respondents, demurred to the petition. The case…

1Opinion of the CourtHolmes, C. J.

The original proceeding in this ease was under St. 1890, c. 428, for the abolition of a grade crossing. On June 25,1900, a decree was made confirming the d'ecision of the commissioners, and the parties were ordered to proceed to carry out the work of abolishing the grade crossing as provided in the commissioners’ report. The attorneys of the town of Hadley had indorsed their agreement that the decree might be *321entered, and the Commonwealth had waived hearing upon it. Thereupon the work was begun, and a considerable sum has been expended by the Boston and Maine Railroad. The selectmen of Hadley…

2Cases cited3 opinions

  1. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
  2. Evans v. HamlinMassachusetts Supreme Judicial Court · 1895
  3. Mayor & Aldermen of Northampton v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1900

3Cited by2 opinions

  1. Sayers v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1916
  2. Selectmen of Framingham v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1929

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