Nichols v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
■ Bill in equity, filed August 8, 1898, by the selectmen of Wilmington, under Pub. Sts. c. 112, § 136, to enforce a decree of the county commissioners, ordering the defendant to make certain alterations in a highway over its railroad in that town. The defendant demurred to the bill for want of equity. Hearing before Hammond, J., who, at the request of the parties, reserved the case for the consideration of the full court.
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■ Bill in equity, filed August 8, 1898, by the selectmen of Wilmington, under Pub. Sts. c. 112, § 136, to enforce a decree of the county commissioners, ordering the defendant to make certain alterations in a highway over its railroad in that town. The defendant demurred to the bill for want of equity. Hearing before Hammond, J., who, at the request of the parties, reserved the case for the consideration of the full court. If the demurrer was sustained, a final decree was to be entered dismissing the bill; otherwise, a decree was to be entered for the plaintiffs. The facts appear sufficiently…
1Opinion of the CourtLathrop, J.
The county commissioners of Middlesex County, under a petition filed by the selectmen of Wilmington, which set forth a case under the Pub. Sts. c. 112, § 129, and which asked relief under that section “ and all other sections of said chapter applicable to the case,” passed a decree on November 7, 1897, which we are asked to enforce by a bill in equity, under § 136 of the chapter above named.
At the hearing before the commissioners the selectmen orally waived any right that they might have under § 129, and asked relief under §§ 119, 128, and 135. The decree of the commissioners ordered the…
2Cases cited5 opinions
- Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1874
- Boston & Albany Railroad v. County Commissioners of HampdenMassachusetts Supreme Judicial Court · 1895
- Dickinson v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1891
- New England Railroad v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1898
- Inhabitants of Lancaster v. County CommissionersMassachusetts Supreme Judicial Court · 1873
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
- New York Central & Hudson River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1915
- Boston & Albany Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- Boston & Albany Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1901
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