Legal Opinion

Providence, Fall River & Newport Steamboat Co. v. City of Fall River

Massachusetts Supreme Judicial Court

Decided June 18, 1903PublishedCited by 8 opinions

Bill IN equity, filed December 9,1902, to restrain the city of Fall River, the Old Colony Railroad Company, and Clarence W. Blakeslee and Sons, contractors, from committing repeated and threatened trespasses on the plaintiff’s wharf and property abutting on Central Street in Fall River, and from carrying on work in Central Street in front of the plaintiff’s premises alleged to be unauthorized.

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Bill IN equity, filed December 9,1902, to restrain the city of Fall River, the Old Colony Railroad Company, and Clarence W. Blakeslee and Sons, contractors, from committing repeated and threatened trespasses on the plaintiff’s wharf and property abutting on Central Street in Fall River, and from carrying on work in Central Street in front of the plaintiff’s premises alleged to be unauthorized. The case came on to be heard before Loving, J., who reported it for determination by the full' court without passing on the constitutional questions involved. The following facts appeared by the report:…

1Opinion of the CourtKnowlton, C. J.

The most important question in this case is whether the St. 1900, c. 472, is constitutional. The first section of this act is as follows: “ The report of the commissioners appointed by the Superior Court for the county of Bristol to consider the abolition of the grade crossings of Brownell street and other streets and ways and the road of the Old Colony Railroad Company in the city of Fall River, filed in said court on the sixteenth day of July of the current year, is hereby confirmed ; the Old Colony Railroad Company and the city of Fall River shall make the alterations prescribed in said…

2Cases cited25 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  3. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
  4. Waller v. HarrisNew York Supreme Court · 1838
  5. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883

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3Cited by8 opinions

  1. Downey v. HoodMassachusetts Supreme Judicial Court · 1909
  2. Foster v. Group Health Inc.Massachusetts Supreme Judicial Court · 2005
  3. LaChapelle v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1945
  4. Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
  5. Providence, Fall River & Newport Steamboat Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1904

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