Worcester & Nashua Railroad v. Railroad Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to the board of railroad commissioners. The petition alleged that the petitioner and the Boston, Barre and Gardner Railroad Corporation were railroad corporations having their places of business in this county, and the petitioner had a location extending through the city of Worcester; that by the St. of 1871, e. 343, „§ 10, the Boston, Barre and Gardner Railroad Corporation was authorized to extend its railroad from the terminus north of…
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Petition for a writ of certiorari to the board of railroad commissioners. The petition alleged that the petitioner and the Boston, Barre and Gardner Railroad Corporation were railroad corporations having their places of business in this county, and the petitioner had a location extending through the city of Worcester; that by the St. of 1871, e. 343, „§ 10, the Boston, Barre and Gardner Railroad Corporation was authorized to extend its railroad from the terminus north of Garden Street in this city to the Union Passenger Station, and to locate, construct and maintain the same within the…
1Opinion of the CourtGray, C. J.
The practice in cases of this kind is well settled by the decisions of this court. Rutland v. County Commissioners, 20 Pick. 71. Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206, and cases cited. Tewksbury v. County Commissioners, 117 Mass. 563.
Upon a petition for a writ of certiorari to bring up and quash the proceedings of an inferior tribunal, notice may indeed, at the discretion of the court, be ordered to a person or corporation that was adversely interested at the hearing below. But notice to show cause against the issuing of the writ must be given to the tribunal…
2Cases cited7 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. Eastern RailroadMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Selectmen of Wakefield v. Judge of First District Court of Eastern MiddlesexMassachusetts Supreme Judicial Court · 1928
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- Morrissey v. State Ballot Law CommissionMassachusetts Supreme Judicial Court · 1942
26 more not listed; retrieve them via the Exa API.