Mayor of Worcester v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court for the county of Worcester on October 18, 1900, by the mayor and aldermen of the city of Worcester under St. 1900, c. 387, to abolish the grade crossings named in that statute. Commissioners were appointed, who on June 18, 1907, filed their decision prescribing the manner in which the crossings were to be abolished, and their decision was affirmed by a decree of the Superior Court.
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Petition, filed in the Superior Court for the county of Worcester on October 18, 1900, by the mayor and aldermen of the city of Worcester under St. 1900, c. 387, to abolish the grade crossings named in that statute. Commissioners were appointed, who on June 18, 1907, filed their decision prescribing the manner in which the crossings were to be abolished, and their decision was affirmed by a decree of the Superior Court. Under St. 1906, c. 463, Part I, § 39, an auditor was appointed to audit all accounts of expense incurred by any of the parties in the case, and such auditor from time to time…
1Opinion of the CourtLoring, J.
This case comes before us upon exceptions to the seventy-first report of the auditor appointed in proceedings to eliminate grade crossings in the city of Worcester. The exceptions here in question were taken by the Commonwealth and by the New York, New Haven, and Hartford Railroad Company hereinafter called the New Haven. The New Haven’s exceptions are based upon the contention (1) that the bridge over Green Street built by the Boston and Albany Railroad Company, hereinafter called the Albany, is not the kind of bridge which it was authorized to build by the decision of the commissioners…
2Cases cited6 opinions
- Harvey-Watts Co. v. Worcester Umbrella Co.Massachusetts Supreme Judicial Court · 1906
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
- Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
- Whittemore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Selectmen of NorwoodMassachusetts Supreme Judicial Court · 1903
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3Cited by4 opinions
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- Richmond, Fredericksburg & Potomac Railroad v. City of RichmondSupreme Court of Virginia · 1926
- Swenson v. Purity Baking Co.Supreme Court of Minnesota · 1931
- Trustees of the New York, New Haven & Hartford Railroad v. City of New BedfordMassachusetts Supreme Judicial Court · 1943