Hammond v. County Commissioners
Massachusetts Supreme Judicial Court
Petition, by the owners of a farm in Charlton, for a writ of certiorari to quash the proceedings of the county commissioners of Worcester in discontinuing so much of a highway as crossed the location of the Boston and Albany Railroad.
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Petition, by the owners of a farm in Charlton, for a writ of certiorari to quash the proceedings of the county commissioners of Worcester in discontinuing so much of a highway as crossed the location of the Boston and Albany Railroad. The case was heard by Holmes, J., who assumed, for the purposes of the case, that the petitioners were entitled to maintain the petition, but found that the petition ought not to be granted because of loches, and reported the case for the consideration of the full court. The case, so far as material to the point decided, appears in the opinion.
1Opinion of the CourtKnowlton, J.
The petitioners ask for a writ of certiorari to quash the proceedings of the county commissioners in discontinuing so much of a way as crossed the location of the Boston and Albany Railroad. They owned land abutting on the way on each side of the railroad, but it appears by the allegations of the petition, and by the report, that they had no title to the land within the location abutting on that part of the way which was discontinued. They have a farm crossing over the railroad on their own land, at a point very near the public way, and that is not affected by the doings of the county…
2Cited by22 opinions
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
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