Mayor & Aldermen of Lowell v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Two petitions, filed in the Superior Court respectively on October 26, 1909, and on January 26, 1910, for the appointment of commissioners relative to the abolition of grade crossings of the highway with the railroad at Middlesex Street and at Fletcher Street and Western Avenue in Lowell. The proceedings in the Superior Court and material findings of the commissioners are described in the opinion.
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Two petitions, filed in the Superior Court respectively on October 26, 1909, and on January 26, 1910, for the appointment of commissioners relative to the abolition of grade crossings of the highway with the railroad at Middlesex Street and at Fletcher Street and Western Avenue in Lowell. The proceedings in the Superior Court and material findings of the commissioners are described in the opinion. By order of Lawton, J., decrees were entered denying motions to recommit the reports, awarding compensation to the commissioners for their services and dismissing the petitions. The petitioners…
1Opinion of the CourtJenney, J.
The mayor and aldermen of the city of Lowell present appeals from decrees entered in the Superior Court relating to the decisions of commissioners appointed in that court to decide whether the security and convenience of the public require the abolition of certain crossings at grade in. that city, and further, if it is decided that such abolitions ought to be made, to prescribe the manner and limits thereof, to apportion the work and the payment of the actual cost of the alterations.
The petitions were filed on January 26, 1910, under St. 1906, e. 463, Part I, §§ 29 el seq. Commissioners,…
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