Directors of the Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on April 8, 1918, under St. 1906, c. 463, Part I, §§ 23, 25, 26, as amended by St. 1908, c. 542, §§ 1, 2,* for the appointment of a special commission to determine the question relative to the rebuilding of a bridge at a crossing of the Boston and Albany railroad over Clinton Path in Brookline under decree of the county commissioners of Norfolk County entered on March 26, 1918. A commission was appointed and filed a report, which is…
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Petition, filed in the Superior Court on April 8, 1918, under St. 1906, c. 463, Part I, §§ 23, 25, 26, as amended by St. 1908, c. 542, §§ 1, 2,* for the appointment of a special commission to determine the question relative to the rebuilding of a bridge at a crossing of the Boston and Albany railroad over Clinton Path in Brookline under decree of the county commissioners of Norfolk County entered on March 26, 1918. A commission was appointed and filed a report, which is described in the opinion. Thereafter the town of Brookline applied, under St. 1906, c. 463, Part I, § 27, for revision of…
1Opinion of the CourtBraley, J.
It appears from the report of the special commissioners and the documents introduced at the trial, which comprise all the evidence, that Clinton Path in the respondent town, which crosses the railroad underneath the tracks, is a public way for the use of pedestrians only. In 1916, the petitioners having decided that a stronger bridge over the path must be constructed to support the heavy locomotives then in use, entered into correspondence with the respondent, claiming that under the wording in the original layout of the path, the new bridge would be an “ alteration,” the cost of which should…
2Cases cited20 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- KingmanMassachusetts Supreme Judicial Court · 1891
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Boston & Albany Railroad v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
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3Cited by4 opinions
- Boston & Albany Railroad v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1943
- Union Street Railway Co. v. Mayor of New BedfordMassachusetts Supreme Judicial Court · 1925
- Trustees of the New York, New Haven & Hartford Railroad v. City of New BedfordMassachusetts Supreme Judicial Court · 1943
- Directors of Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1923