Selectmen of Natick v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 13, 1910, under St. 1908, e.'552, § 2, by the selectmen of the town of Natick to compel the Boston and Albany Railroad Company to repair the hard pine under floor of a bridge over the tracks of the railroad of that corporation at North Main Street in Natick, in compliance with the terms of St. 1906, c. 463, Part I, § 38, relating to the maintenance and repair of bridges constructed under proceedings for the abolition of a…
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Bill in equity, filed in the Superior Court on June 13, 1910, under St. 1908, e.'552, § 2, by the selectmen of the town of Natick to compel the Boston and Albany Railroad Company to repair the hard pine under floor of a bridge over the tracks of the railroad of that corporation at North Main Street in Natick, in compliance with the terms of St. 1906, c. 463, Part I, § 38, relating to the maintenance and repair of bridges constructed under proceedings for the abolition of a grade crossing under that statute. The case was heard by Richardson, J. The facts appeared in ■ evidence which are stated…
1Opinion of the CourtRugg, C. J.
This is a suit in equity brought by the selectmen of Natick under St. 1908, c. 552, § 2. The question presented is the meaning of the words of St. 1906, c. 463, Part I, § 38, as to the apportionment between the railroad and the town of the cost of maintenance of a bridge by which a highway spans the tracks of a railroad, built in pursuance of a grade crossing abolition. The physical facts of importance are that this bridge consists of main girders extending from abutment to abutment, which ultimately bore the entire weight of the bridge; across these were six floor beams; directly supported…
2Cases cited4 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1899
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Federal Insurance v. GilmourMassachusetts Supreme Judicial Court · 1910
3Cited by12 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Town of Needham v. Winslow Nurseries, Inc.Massachusetts Supreme Judicial Court · 1953
- Allen v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1930
- Flagg v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1916
- Berke Moore Co. v. Phoenix Bridge Co.Supreme Court of New Hampshire · 1953
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