Boston & Albany Railroad v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari, filed February 1, 1900, by the Boston and Albany Railroad Company, to correct the proceedings of the county commissioners of the county of Middle-sex in granting a petition of the inhabitants of the town of Framingham, for the relocation, widening and alteration of Concord Street, a highway in said town, across the locations of the Old Colony, and Boston and Albany, railroad companies.
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Petition for a writ of certiorari, filed February 1, 1900, by the Boston and Albany Railroad Company, to correct the proceedings of the county commissioners of the county of Middle-sex in granting a petition of the inhabitants of the town of Framingham, for the relocation, widening and alteration of Concord Street, a highway in said town, across the locations of the Old Colony, and Boston and Albany, railroad companies. The case was reserved by Hammond, J., for the consideration of the full court.
1Opinion of the CourtLathrop, J.
The petition to the county commissioners, whose order thereon is sought to be revised, is brought under the Pub. Sts. c. 49, § 13, by the town of Framingham ; and the only question in the case is whether, under the conditions which *512existed when the petition was brought, the county commissioners had jurisdiction of the petition. Concord Street is a county highway running from Framingham to Sherborn, and crossing at grade the tracks and locations of the Boston and Albany Railroad Company and the Old Colony Railroad Company. The petition of the town sought to have Concord Street relocated,…
2Cases cited3 opinions
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- New England Railroad v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1898
- Mayor & Aldermen of Northampton v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1900
3Cited by2 opinions
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1903
- Directors of the Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1922