Browne v. Turner
Massachusetts Supreme Judicial Court
Petition in equity, filed November 30,1898, under St. 1898, c. 490, by ten taxable inhabitants of Boston, against the treasurer of the city and the members of the Boston Transit Commission, and by amendment filed December 6, 1898, against the Boston Elevated Railway Company and the West End Street Railway Company, to restrain the construction of a tunnel to East Boston, as proposed by said commission, assuming to act under the provisions of St. 1897, c. 500, § 17. Hearing…
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Petition in equity, filed November 30,1898, under St. 1898, c. 490, by ten taxable inhabitants of Boston, against the treasurer of the city and the members of the Boston Transit Commission, and by amendment filed December 6, 1898, against the Boston Elevated Railway Company and the West End Street Railway Company, to restrain the construction of a tunnel to East Boston, as proposed by said commission, assuming to act under the provisions of St. 1897, c. 500, § 17. Hearing before Hammond, J., who reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
This is a petition under St. 1898, c. 490. At the threshold of the case it is urged by the respondents that the constitutional questions which the petitioners seek to raise are not open to them upon such a petition.
In view of the conclusion to which we have come in relation to the statutory question involved, we have had no occasion to consider the constitutional questions, nor of course whether they can be raised in this way. The statutory question is simply whether the tunnel which the transit commission has voted and intends to build is such as St. 1897, c. 500, calls for.
As the first step…
2Cases cited1 opinion
- Martin v. GleasonMassachusetts Supreme Judicial Court · 1885
3Cited by18 opinions
- City on Boston v. TalbotMassachusetts Supreme Judicial Court · 1910
- Old South Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1900
- McKenney v. Commission on Judicial ConductMassachusetts Supreme Judicial Court · 1979
- State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
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