Kilty v. Railroad Commissioners

This is a petition for a writ of prohibition to restrain the railroad commissioners from issuing a certificate of compliance to the Hartford and Worcester Street Railway Company under the provisions of R. L. c. 112, § 13, and c. Ill, § 46. The presiding justice refused the writ as a matter of discretion, and also made certain rulings to which the petitioner excepted, The case comes before us on these exceptions.

The ground on which the petition rests is that, because of the refusal of the selectmen of Oxford to grant a location to the street railway company in that town, the railroad…