Mayor & Aldermen of Northampton v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Petition to the Superior Court under the statute relating to abolition of crossings at grade by railroads and other roads. Trial in the Superior Court, before Stevens, J., who ruled that St. 1890, c. 428, does not confer jurisdiction on the Superior Court to further alter a crossing like that referred to in the petition which had been altered by proceedings under Pub.
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Petition to the Superior Court under the statute relating to abolition of crossings at grade by railroads and other roads. Trial in the Superior Court, before Stevens, J., who ruled that St. 1890, c. 428, does not confer jurisdiction on the Superior Court to further alter a crossing like that referred to in the petition which had been altered by proceedings under Pub. Sts. c. 112, §§ 129 et seq., before the St. of 1890 was enacted, dismissed the petition and reported the case for the determination of this court.
1Opinion of the CourtBarker, J.
The petition was rightly dismissed. The crossing as it now exists is not in fact a grade crossing, and the circumstances that it was once such a crossing, and that the grades of the street and the railroad have been separated under proceedings in accordance with the provisions of Pub. Sts. c. 112, §§ 129 et seq., begun before the passage of the present act to promote the abolition of grade crossings, St. 1890, c. 428, do not make the crossing one with which the Superior Court can deal upon a petition under St. 1890, c. 428, § 1. a
The intention of the Legislature to confine proceedings under…
2Cases cited2 opinions
- Boston & Albany Railroad v. County Commissioners of HampdenMassachusetts Supreme Judicial Court · 1895
- New Haven & Northampton Co. v. County Commissioners of HampshireMassachusetts Supreme Judicial Court · 1899
3Cited by3 opinions
- Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1901
- Selectmen of Framingham v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1929
- Selectmen of HadleyMassachusetts Supreme Judicial Court · 1901