Legal Opinion

Providence & Worcester Railroad

Massachusetts Supreme Judicial Court

Decided October 20, 1898PublishedCited by 8 opinions

Petition, by the Directors of the Providence and Worcester Railroad Companjq under St. 1890, c. 428, entitled “ An Act to promote the abolition of grade crossings,” for the abolition of two grade crossings in Uxbridge.

Read the full summary

Petition, by the Directors of the Providence and Worcester Railroad Companjq under St. 1890, c. 428, entitled “ An Act to promote the abolition of grade crossings,” for the abolition of two grade crossings in Uxbridge. The supplemental report having been recommitted to the auditor by the Superior Court, with instructions to find and report to that court the facts relating to certain items of expense, the auditor found and reported, and a hearing was had before Richardson, J., who disallowed the items, the nature of which appears in the opinion, and reported the case for the determination of…

1Opinion of the CourtHammond, J.

The items in dispute were disallowed by the auditor and by the justice of the Superior Court, and the question whether this was correct comes to us upon a report made by the justice.

Although the language of the statute is that the report when confirmed by the court shall be final, still it is not to be construed as taking away the general authority of a single justice to report to the full court questions of law arising in equity. Pub. Sts. c. 151, § 20. St. 1888, c. 223, §- 2.

The petitioners contend that the town has no standing here, because it did not file in the Superior Court objections…

2Cases cited2 opinions

  1. Boston & Albany Railroad v. Inhabitants of CharltonMassachusetts Supreme Judicial Court · 1894
  2. Gifford v. Inhabitants of DartmouthMassachusetts Supreme Judicial Court · 1880

3Cited by8 opinions

  1. Ahmed's CaseMassachusetts Supreme Judicial Court · 1932
  2. Main v. County of PlymouthMassachusetts Supreme Judicial Court · 1916
  3. Selectmen of NorwoodMassachusetts Supreme Judicial Court · 1903
  4. Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1930
  5. Old Colony RailroadMassachusetts Supreme Judicial Court · 1904

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API