New York Central & Hudson River Railroad v. City of Cambridge
Massachusetts Supreme Judicial Court
Bill in equity, filed January 2, 1903, to restrain the city of Cambridge from interfering with the lawful acts of the plaintiff in maintaining and repairing its railroad within the limits of grade crossings in that city and particularly from interfering with the acts of the plaintiff or its servants and agents in digging up the surface of Cambridge Street within its railroad location for the purpose of repairing the gates at the grade crossing of that highway.
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Bill in equity, filed January 2, 1903, to restrain the city of Cambridge from interfering with the lawful acts of the plaintiff in maintaining and repairing its railroad within the limits of grade crossings in that city and particularly from interfering with the acts of the plaintiff or its servants and agents in digging up the surface of Cambridge Street within its railroad location for the purpose of repairing the gates at the grade crossing of that highway. The case came on to be heard before Morton, J., who reserved it upon the bill and answer and such testimony as should be found to be…
1Opinion of the CourtBarker, J.
The place where the plaintiff’s railroad crosses Cambridge Street is subjected by law to two coexistent uses. It is at once a public way and a railroad location. Because it is the latter the plaintiff has the right to construct, maintain, repair and operate there its railroad and such structures and apparatus as it is required to have there for the proper prosecution *250of its work as a common carrier by means of steam cars. Because the land is a public way the city also has some duties and rights with reference to the same territory, arising from its obligation to keep the public ways within…
2Cases cited5 opinions
- Granger v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
- Old Colony Railroad v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Flanders v. Inhabitants of NorwoodMassachusetts Supreme Judicial Court · 1886
- Marden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by3 opinions
- Gannett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1921
- City of Cambridge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- New York, New Haven, & Hartford Railroad v. Cohasset Water Co.Massachusetts Supreme Judicial Court · 1914