Wyman v. Eastern Railroad
Massachusetts Supreme Judicial Court
Petition to this court, under the St. of 1873, c. 360, § 3, to appoint three commissioners to adjudicate the damages for the taking by the respondent corporation for a freight station, under § 2 of that act, of land in Charlestown owned by the petitioner.
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Petition to this court, under the St. of 1873, c. 360, § 3, to appoint three commissioners to adjudicate the damages for the taking by the respondent corporation for a freight station, under § 2 of that act, of land in Charlestown owned by the petitioner. The Chief Justice, to whom the petition was presented, entertaining doubts upon the question whether, under the Constitution and laws of the Commonwealth, the court had authority to appoint commissioners as prayed for, reserved that question, at the request of the parties, for the consideration of the full court, according to whose opinion…
1Opinion of the CourtGray, C. J.
This is a petition for the appointment of commissioners to assess damages for the taking of land by the Eastern Railroad Company for a freight station, under the St. of 1873, o. 360, § 2.
The third section of this statute, upon the construction and effect of which the decision of the question reserved depends, is as follows : “ All general laws, relating to the talcing of land for railroad purposes and the location and construction of railroads, shall be applicable to and govern the proceedings in the taking of lands provided for in the second section of this act, except that, instead of the…
2Cases cited13 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Case of Supervisors of ElectionMassachusetts Supreme Judicial Court · 1873
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
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3Cited by5 opinions
- KingmanMassachusetts Supreme Judicial Court · 1891
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- LaChapelle v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1945
- Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
- Carville v. CommonwealthMassachusetts Supreme Judicial Court · 1905