Legal Opinion

Mayor of Newton

Massachusetts Supreme Judicial Court

Decided August 31, 1898PublishedCited by 19 opinions

Petition, under St. 1890, c. 428, as amended, by the mayor and aldermen of Newton, for the abolition of certain grade crossings in that city. Hearing in the Superior Court, before Richardson, J., who reported the case for the determination of this court. The facts appear in the opinion. The case was argued at the bar in December, 1897, and afterwards was submitted on briefs to all the justices except Holmes, J.

1Opinion of the CourtMorton, J.

This was a petition by the mayor and aldermen of Newton, under St. 1890, c. 428, and acts in addition and amendments thereto, for the abolition of certain grade crossings in the city of Newton. Commissioners were duly appointed by the Superior Court, as provided by § 1 of the act, and made a report specifying the alterations to be made, which was confirmed by the court, and the city and the railroad company proceeded to make the alterations as directed. Subsequently an auditor was appointed pursuant to § 7, to whom were submitted accounts of expenses alleged by the railroad company to have…

2Cases cited10 opinions

  1. Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
  2. Massachusetts Central Railroad v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1876
  3. Chase v. City of WorcesterMassachusetts Supreme Judicial Court · 1871
  4. Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1874
  5. Metropolitan Railroad v. Highland Street Railway Co.Massachusetts Supreme Judicial Court · 1875

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3Cited by19 opinions

  1. Ahmed's CaseMassachusetts Supreme Judicial Court · 1932
  2. Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
  3. McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
  4. Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
  5. Richmond, Fredericksburg & Potomac Railroad v. City of RichmondSupreme Court of Virginia · 1926

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