Davis v. County Commissioners
Massachusetts Supreme Judicial Court
Petition, by Richard B. Davis and Theodore Rust, for a writ of certiorari to quash the proceedings of the county commissioners of Hampshire in abolishing the crossing at grade of South Street in the city of Northampton by the New York, New Haven, and Hartford Railroad. The case was heard and reserved for the consideration of the full court by Knowlton, J., and was as follows.
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Petition, by Richard B. Davis and Theodore Rust, for a writ of certiorari to quash the proceedings of the county commissioners of Hampshire in abolishing the crossing at grade of South Street in the city of Northampton by the New York, New Haven, and Hartford Railroad. The case was heard and reserved for the consideration of the full court by Knowlton, J., and was as follows. South Street in Northampton was a public highway, extending in a southerly direction from Main Street and crossing at grade the location and tracks of the New York, New Haven, and Hartford Railroad Company, which had…
1Opinion of the CourtC. Allen, J.
The New York, New Haven, and Hartford Railroad Company, having been allowed to take part in the argument in support of the order of the county commissioners, contends that the petitioners have no such standing or interest in the matter in controversy as to entitle them to be heard in court.
The petitioners aver that their lands are situated upon that part of South Street which will be discontinued if the order of the commissioners is legal and is carried into effect, and that they would be entitled to recover damages therefor. There was, however, no order which in terms discontinued any part…
2Cases cited10 opinions
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Garitee v. Mayor of BaltimoreCourt of Appeals of Maryland · 1880
- Blackwell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1877
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