Dickinson v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Bill in equity, under the Pub. Sts. c. 112, § 136, filed in this court by the selectmen of the town of Whately, to compel the defendant corporation to drain a highway at a crossing of the same above grade by its railroad, in accordance with an order of the county commissioners. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows.
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Bill in equity, under the Pub. Sts. c. 112, § 136, filed in this court by the selectmen of the town of Whately, to compel the defendant corporation to drain a highway at a crossing of the same above grade by its railroad, in accordance with an order of the county commissioners. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows. The defendant’s railroad ran from north to south, and the highway from east to west, at the point in question. On July 14, 1880, the defendant' applied to the county commissioners, alleging that it was…
1Opinion of the CourtAllen, J.
At the outset, when the defendant company found it necessary in the construction of its railroad to cross the highway in question, it made application to the county commissioners for a decree prescribing what alterations should be made; and the county commissioners passed a decree prescribing the alterations, and made a provision for the drainage of the highway, by ordering a drain to be built which began at a point three hundred and thirty-one feet away from the highway. The reason for this apparently was because the company, in constructing its railroad, had made an excavation alongside…
2Cases cited1 opinion
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
3Cited by7 opinions
- Boston & Maine Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1921
- Attorney General v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1923
- Selectmen of Holliston v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- New York Central & Hudson River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1915
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