New England Railroad v. Board of Railroad Commissioners
Massachusetts Supreme Judicial Court
Petition, filed December 10, 1896, for a writ of certiorari to quash certain proceedings of the respondent. The petition alleged that, on April 3, 1896, the selectmen of the town of Blackstone filed a petition with the board of county commissioners of the county of Worcester, wherein they recited that St. Paul Street in said town was crossed by the location of the New England Railroad Company, and also by the location of the Providence and Worcester Railroad Company, not at…
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Petition, filed December 10, 1896, for a writ of certiorari to quash certain proceedings of the respondent. The petition alleged that, on April 3, 1896, the selectmen of the town of Blackstone filed a petition with the board of county commissioners of the county of Worcester, wherein they recited that St. Paul Street in said town was crossed by the location of the New England Railroad Company, and also by the location of the Providence and Worcester Railroad Company, not at grade in either case, but by separate bridges passing above St. Paul Street, and praying that said street might be…
1Opinion of the CourtBarker, J.
The plain purpose of Pub. Sts. c. 112, § 129, is to give a method of making any alteration in the crossing of a railroad and a way for ordinary travel which may be necessary for either the safety or the convenience of the public. The alteration may be in the crossing itself, in the approaches thereto, or in the location of the railroad or the way for ordinary travel. If the taking of land for the purposes of making the alteration is necessary, the statute (Pub. Sts. c. 112, § 130) provides how it shall be taken and how the damages for the taking shall be assessed and paid. The petitioner’s…
2Cases cited2 opinions
- Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1874
- Inhabitants of Lancaster v. County CommissionersMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Boston & Albany Railroad v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1943
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Union Street Railway Co. v. Mayor of New BedfordMassachusetts Supreme Judicial Court · 1925
- Directors of the Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1922
- Graham v. Board of Public WorksMassachusetts Supreme Judicial Court · 1934
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