City of Roxbury v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
This was a bill in equity, under the act of 1849, c. 333, § 5, to compel the defendants, in pursuance of an order of the county commissioners, to raise a highway, called Washington street, at Wait’s mill, in Roxbury, where the same is crossed by the defendants’ road, on a level therewith.
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This was a bill in equity, under the act of 1849, c. 333, § 5, to compel the defendants, in pursuance of an order of the county commissioners, to raise a highway, called Washington street, at Wait’s mill, in Roxbury, where the same is crossed by the defendants’ road, on a level therewith. The bill alleged that the defendants, who were duly incorporated on the 22d of June, 1831, (St. 1831, c. 56,) with authority to construct a railroad from Boston to the line of this commonwealth in Seekouk or Pawtucket, in the direction of Providence, were required by their act of incorporation, if their…
1Opinion of the Court
The points taken by the counsel sufficiently appear in the opinion of the court.
Shaw, C. J.
The only question now before the court is that of the jurisdiction of this court, in equity, of a bill brought by the city of Roxbury against the Boston and Providence railroad corporation, pursuant to the provisions of the statute of 1849, c. 222, § 5.
The object of the bill is, to require the defendants to erect a bridge upon and along a highway in Roxbury, called Washington street, over the track of their railroad, where it intersects with that highway, near a place called Wait’s mill. The bill avers…
2Cases cited1 opinion
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