Boston & Albany Railroad v. County Commissioners of Hampden
Massachusetts Supreme Judicial Court
"Petition for a writ of certiorari to quash the proceedings of the county commissioners, in ordering certain things to be done to a bridge by which the petitioner’s railroad crosses Main Street in Springfield. The case was heard by Morton, J., upon petition and answer, and reserved for the determination of the full court; such decree to be entered as law and justice might require. The facts sufficiently appear in the opinion.
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"Petition for a writ of certiorari to quash the proceedings of the county commissioners, in ordering certain things to be done to a bridge by which the petitioner’s railroad crosses Main Street in Springfield. The case was heard by Morton, J., upon petition and answer, and reserved for the determination of the full court; such decree to be entered as law and justice might require. The facts sufficiently appear in the opinion. The case was submitted on briefs to all the judges.
1Opinion of the CourtBarker, J.
It is .not open to the petitioner to contend that the case is not properly before us,'for the reason that it was reserved by agreement of the parties for our determination upon the petition and answer. The plan referred to in the decision of the county commissioners is not necessary to a clear understanding of the general scope of the work which the decision prescribes, or of the manner and limits within which the work shall be done. It is evident that no change is to be made in the location or the grade either of the railroad or of the highway, and none in any portions of the structure of…
2Cases cited1 opinion
- Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by8 opinions
- Boston & Albany Railroad v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1943
- Selectmen of Holliston v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- Nichols v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Directors of the Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1922
- Mayor & Aldermen of Northampton v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1900
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