Boston & Albany Railroad v. City of Boston

This is a petition for a writ of certiorari, by which the petitioner seeks to quash the proceedings of the board of street commissioners of the city of Boston in laying out a foot-way over the petitioner’s railroad, and crossing its location by means of a bridge. Several objections to the proceedings of the commissioners are stated in the petition, but the only one which has been argued, and which it is necessary to discuss, is in these words: “ Because no town or city, or board of street commissioners, is authorized by law to lay out a footway over or across a railroad.”

The Pub. Sts. c. 112,…