Legal Opinion

Attorney General v. Eastern Railroad

Massachusetts Supreme Judicial Court

Decided March 4, 1884PublishedCited by 6 opinions

Information, under the Pub. Sts. c. 112, § 156, at the relation of ten legal voters of the town of Everett, to restrain the respondent corporation from continuing an abandonment of its station at Waters Street in West Everett. The answer denied an abandonment, and set up a relocation of the station in pursuance of the Pub.

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Information, under the Pub. Sts. c. 112, § 156, at the relation of ten legal voters of the town of Everett, to restrain the respondent corporation from continuing an abandonment of its station at Waters Street in West Everett. The answer denied an abandonment, and set up a relocation of the station in pursuance of the Pub. Sts. c. 112, § 157. Hearing before W. Allen, J., who reported the case for the consideration of the full court, in substance as follows: It was admitted by the respondent that the station in question was established in 1855, and had been continuously maintained until…

1Opinion of the CourtMorton, C. J.

This is an information brought under the Pub. Sts. c. 112, § 156, which provides that “a railroad corporation which has established and maintained throughout the year for five consecutive years a passenger station at a point upon its road shall not abandon such station; ” and “ in case of a violar tian of the provisions of this section, the Attorney General, at the relation of ten legal voters of the city or town in which said station is located, shall proceed in equity by information to enjoin the corporation from further violation thereof.” The next following section provides that “a…

2Cases cited1 opinion

  1. Commonwealth v. McGarryMassachusetts Supreme Judicial Court · 1883

3Cited by6 opinions

  1. Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
  2. Franklin Savings Bank v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court · 1912
  3. Southern Railway Co. v. CommonwealthSupreme Court of Virginia · 1920
  4. Noyes v. AmblerMassachusetts Supreme Judicial Court · 1937
  5. Cunningham v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1893

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