Legal Opinion

Atlantic & St. Lawrence Railroad

Supreme Judicial Court of Maine

Decided November 7, 1905PublishedCited by 1 opinion

On exceptions by plaintiff. Appeal from the decree of the Railroad Commissioners determining that a certain public highway within the city of Auburn, Androscoggin County, located by the County Commissioners of said county over the land and right of way of the appellants, should cross the railroad track of the appellants by an underpass, and apportioning the expense of the construction and maintenance of the crossing.

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On exceptions by plaintiff. Appeal from the decree of the Railroad Commissioners determining that a certain public highway within the city of Auburn, Androscoggin County, located by the County Commissioners of said county over the land and right of way of the appellants, should cross the railroad track of the appellants by an underpass, and apportioning the expense of the construction and maintenance of the crossing. At the hearing in the appellate court, the appellants requested the presiding Justice to rule as a matter of law that upon the facts presented by the evidence the decree of the…

1Opinion of the CourtPeabody, J.

The proceedings in this case originated November 20, 1900, in the petition of various citizens of the City of Auburn in the County of Androscoggin to the County Commissioners asking for the location of a public highway within the City of Auburn over the land and right of way of the Atlantic & St. Lawrence Railroad Co. leased to the Grand Trunk Railway Co. of Canada. The County Commissioners after notice and hearing on the second day of April, 1901, filed with the clerk of the County Commissioners their report for the location of the highway.

On the 23rd day of March, 1903, the municipal…

2Cases cited11 opinions

  1. Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
  2. Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
  3. McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
  4. Rhines v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888
  5. Chicago & Alton Railroad v. City of PontiacIllinois Supreme Court · 1897

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Brummitt v. Ogden Waterworks Co.Utah Supreme Court · 1908

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