City of Boston v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Contract by the city of Boston against the Boston Elevated Railway Company to recover $44,450 expended by the plaintiff through the Boston Transit Commission for the construction of elevators and machinery to be used and operated in the elevator shafts or wells built by that commission at the station under State Street at its intersection with Atlantic Avenue in connection with the tunnel to East Boston constructed under authority of St. 1897, c. 500, § 17. Writ dated…
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Contract by the city of Boston against the Boston Elevated Railway Company to recover $44,450 expended by the plaintiff through the Boston Transit Commission for the construction of elevators and machinery to be used and operated in the elevator shafts or wells built by that commission at the station under State Street at its intersection with Atlantic Avenue in connection with the tunnel to East Boston constructed under authority of St. 1897, c. 500, § 17. Writ dated October 9, 1907. In the Superior Court the case was heard by Fessenden, J., without a jury. The judge took a view of the…
1Opinion of the CourtSheldon, J.
The Boston Transit Commission, in accordance with the requirement of St. 1897, c. 500, § 17, constructed a tunnel running from Boston proper to East Boston. That section, so far as now material, reads as follows: “The Boston Transit Commission shall construct a tunnel or tunnels, of sufficient size for two railway tracks, with approaches, entrances, sidings, stations and connections therefor, and for the running of railway cars therein, from a point on or near Hanover Street in the city of Boston, or such other point or points as said board may deem proper for a suitable connection- with the…
2Cases cited3 opinions
- Mahoney v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1899
- Selectmen of Natick v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by3 opinions
- Hill v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1924
- City of Cambridge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Smith v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1928