Legal Opinion

Boston & Albany Railroad v. Public Service Commissioners

Massachusetts Supreme Judicial Court

Decided March 1, 1919PublishedCited by 8 opinions

Petition filed on December 3, 1918, by the Boston and Albany Railroad Company and the New York Central Railroad Company for a writ of mandamus, commanding the public service commissioners to file an award made by them, fixing the rent for the use of the Union Station at Worcester to be paid by the Boston and Maine Railroad and the New York, New Haven, and Hartford Railroad Company, with the Supreme Judicial Court for revision under St. 1906, c. 463, Part II, § 140. The case…

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Petition filed on December 3, 1918, by the Boston and Albany Railroad Company and the New York Central Railroad Company for a writ of mandamus, commanding the public service commissioners to file an award made by them, fixing the rent for the use of the Union Station at Worcester to be paid by the Boston and Maine Railroad and the New York, New Haven, and Hartford Railroad Company, with the Supreme Judicial Court for revision under St. 1906, c. 463, Part II, § 140. The case was heard by Crosby, J., who found the facts to be as stated in the petition and admitted in the answer. He ruled that…

1Opinion of the CourtBraley, J.

It was said in Copeland v. Mayor & Aldermen of Springfield, 166 Mass. 498, 504, following Brown v. Lowell, 8 Met. 172, that “when special acts growing out of the peculiar wants, condition, and circumstances of the locality have been granted to a particular place, and afterwards a general law is passed having some of the same purposes in view, and extending them to places in which the special acts had no operation, whether the general act is an implied repeal of all repugnant special acts depends upon a careful comparison of the statutes and the objects intended to be accomplished, and,…

2Cases cited2 opinions

  1. Copeland v. Mayor & AldermenMassachusetts Supreme Judicial Court · 1896
  2. Paszkowski v. Stony Brook Paper Co.Massachusetts Supreme Judicial Court · 1911

3Cited by8 opinions

  1. McKenna v. WhiteMassachusetts Supreme Judicial Court · 1934
  2. Ott v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1931
  3. Cohen v. PriceMassachusetts Supreme Judicial Court · 1930
  4. Haffner v. Director of Public Safety of LawrenceMassachusetts Supreme Judicial Court · 1953
  5. City of Malden v. FlynnMassachusetts Supreme Judicial Court · 1945

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