Cunningham v. Board of Railroad Commissioners
Massachusetts Supreme Judicial Court
Petition, by Frederic Cunningham and seven other residents of Brookline and legal voters and owners of real estate therein, for a writ of certiorari to quash the proceedings of the Board of Railroad Commissioners in approving the proposed relocation of the Longwood and Chapel stations on the line of the Boston and Albany Railroad Company in Brookline, and their union in one station.
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Petition, by Frederic Cunningham and seven other residents of Brookline and legal voters and owners of real estate therein, for a writ of certiorari to quash the proceedings of the Board of Railroad Commissioners in approving the proposed relocation of the Longwood and Chapel stations on the line of the Boston and Albany Railroad Company in Brookline, and their union in one station. The case, which was heard on petition and demurrer, and reserved for the consideration of the full court, by Allen, J., is stated in the opinion.
1Opinion of the CourtBarker, J.
The contention that two railroad stations cannot be relocated at the same point in one proceeding under the provisions of the Pub. Sts. c. 112, § 157, because such a change, necessarily lessening the number of stopping places, is an abandonment forbidden by the provisions of the Pub. Sts. c. 112,
§ 156, is unsound. The sections referred to are practically identical with §§ 116 and 117 of the St. of 1874, c. 872, which was a codification, and contained the direction that its provisions, so far as they were the same as those of existing laws, should be construed as a continuation of them, and…
2Cases cited3 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. Eastern RailroadMassachusetts Supreme Judicial Court · 1869
- Attorney General v. Eastern RailroadMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- Louisville & Interurban R. R. v. CallahanCourt of Appeals of Kentucky · 1911