Legal Opinion

Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided April 2, 1895PublishedCited by 15 opinions

Petition, under Sfc. 1890, c. 428, by the directors of the Old Colony Railroad Company, for the abolition of a certain grade crossing in Boston. Hearing in the Superior Court, before Hammond, J., who reported the case for the determination of this court. The facts appear in the opinion.

1Opinion of the CourtKnowlton, J.

The justice of the Superior Court, by his report, presents two questions, first, whether Katherine C. Lefstrom, the petitioner for a modification of the report of the commissioners, is entitled as matter of right, before confirmation of the decision of the commissioners, to become a party to the suit and be heard in that court upon the question she raises; and secondly, whether the court has power to revise the action of the commissioners and try the question whether more land is taken than is reasonably necessary. If both of these questions are answered in the affirmative, the case is to be…

2Cases cited11 opinions

  1. KingmanMassachusetts Supreme Judicial Court · 1891
  2. Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
  3. Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
  4. Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
  5. Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894

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3Cited by15 opinions

  1. Hayeck v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1957
  2. Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
  3. Hayford v. Municipal OfficersSupreme Judicial Court of Maine · 1907
  4. Sayers v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1916
  5. de las CasasMassachusetts Supreme Judicial Court · 1901

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