Boston & Maine Railroad v. Mayor of Portsmouth
Supreme Court of New Hampshire
Certieied Case, from the board of railroad commissioners. Marcli 15, 1901, tlie supreme court granted the Boston & Maine Railroad a franchise or right to construct extensions and additions to its electric railroad in the city of Portsmouth, upon four routes which were duly set forth and described.
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Certieied Case, from the board of railroad commissioners. Marcli 15, 1901, tlie supreme court granted the Boston & Maine Railroad a franchise or right to construct extensions and additions to its electric railroad in the city of Portsmouth, upon four routes which were duly set forth and described. March 28, the railroad petitioned the mayor and aldermen of the city of Portsmouth for a location of the proposed tracks, poles, and other structures on said routes, which locations were voted by the board of mayor and aldermen May 20, 1901, upon certain conditions, among which, were the following:…
1Opinion of the CourtWalker, J.
Whatever power the board of railroad commissioners had to entertain the appeal from the orders of the board of mayor and aldermen locating the tracks of the proposed railway is conferred by legislative enactment. Before 1901, the railroad commissioners were not authorized to review, modify, or set aside the action of the local board in regard to the location of the tracks of street railways. The legislature had not only not provided in terms for the revision of the orders of the board of mayor and aldermen, but by the act of 1895 had enacted that such boards should “ have exclusive and final…
2Cases cited2 opinions
- Peirce & A. v. PortsmouthSupreme Court of New Hampshire · 1878
- State v. MooreSupreme Court of New Hampshire · 1896