Banaghan v. County Commissioners of Worcester
Massachusetts Supreme Judicial Court
Petition, filed on July 10,1911, for a writ of certiorari to quash the proceedings of the county commissioners of the county of Worcester in prescribing the limits within which certain land of the petitioner on Kansas "Street in Worcester might be taken by the Providence and Worcester Railroad Company upon a petition filed by that corporation on May 5, 1911, under St. 1906, c. 463, Part II, § 78. The petition alleged as causes of error in the proceedings of the respondents…
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Petition, filed on July 10,1911, for a writ of certiorari to quash the proceedings of the county commissioners of the county of Worcester in prescribing the limits within which certain land of the petitioner on Kansas "Street in Worcester might be taken by the Providence and Worcester Railroad Company upon a petition filed by that corporation on May 5, 1911, under St. 1906, c. 463, Part II, § 78. The petition alleged as causes of error in the proceedings of the respondents (1) that the petitioner was given no notice of the hearing before the commissioners, and (2) that the Providence and…
1Opinion of the CourtBraley, J.
The return of the respondents, who acted as county commissioners in the proceedings which the petitioner desires to have quashed, is conclusive as to their findings of fact, and only erroneous rulings of law can be reviewed and corrected. Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206. Ward v. Aldermen of Newton, 181 Mass. 432. The St. of 1902, c. 544, § 27, has not abrogated this rule but only provides, that the court instead of being limited to an order of affirmance or reversal may direct such judgment or decree to be entered by the commissioners as law and justice…
2Cases cited4 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Ward v. Board of Aldermen of NewtonMassachusetts Supreme Judicial Court · 1902
- Inhabitants of Weston v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1910
- Leahy v. Street CommissionersMassachusetts Supreme Judicial Court · 1911
3Cited by4 opinions
- Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
- Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
- New York Central & Hudson River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1915
- Parker v. District CourtMassachusetts Supreme Judicial Court · 1941