Inhabitants of Lancaster v. County Commissioners
Massachusetts Supreme Judicial Court
Petition, filed at April term, 1873, for a writ of mandamus to the county commissioners of the county of Worcester. The petition alleged that there was a public highway in the town of Lancaster, leading from South Lancaster to the town of Clinton ; that the railroad of the Worcester & Nashua Railroad Company crossed the highway within the limits of the town of Lancaster; that the selectmen of Lancaster, being of opinion that it was necessary for the security and convenience…
Read the full summary
Petition, filed at April term, 1873, for a writ of mandamus to the county commissioners of the county of Worcester. The petition alleged that there was a public highway in the town of Lancaster, leading from South Lancaster to the town of Clinton ; that the railroad of the Worcester & Nashua Railroad Company crossed the highway within the limits of the town of Lancaster; that the selectmen of Lancaster, being of opinion that it was necessary for the security and convenience of the public that the approaches to the crossing should be altered, presented a petition to the county commissioners,…
1Opinion of the CourtColt, J.
The county commissioners are required by St. 1872, c. 262, upon the application of the selectmen of any town, or the mayor and aldermen of any city, or the directors of any railroad corporation, to prescribe the manner and limits within which the “ approaches to or method of ” any railroad crossing shall be altered so as to secure the safety and convenience of the public.
In the case before us, the county commissioners, upon an application by the selectmen of Lancaster under the statute, after a full hearing decided that the public safety and convenience required that the location of the…
2Cited by3 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- New England Railroad v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1898