Mears v. Boston & New York Central Railroad
Massachusetts Supreme Judicial Court
Bill in equity filed by the selectmen of Dorchester to restrain the defendants from running cars to the danger of the public, and in such a manner as to be a nuisance, upon part of their road in Dorchester, alleged to have been constructed contrary to the provisions of their charter. Upon the filing of the bill, a temporary injunction was granted.
1Opinion of the Court
By the Court.
No other parties than the selectmen of Dorchester are now before the court as plaintiffs; and if any persons, as citizens of the Commonwealth, or inhabitants of the town, could lawfully intervene in this suit, they can commence a new one, if the cause exists, and have the same remedy, as they might in this. The selectmen, as the only present plaintiffs, have a right to discontinue their suit.
Bill dismissed, without costs,,
2Cited by1 opinion
- Pipe Creek School Township v. WaglerIndiana Court of Appeals · 1923