Boston & Albany Railroad v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari, filed September 9, 1874. The case was heard and reserved by Endicott, J., for the consideration of the full court upon the petition and answer, and the record of the county commissioners, (a copy of which was annexed to the petition,) and was as follows: On October 1,1873, the directors of the Boston and Albany Railroad Company and the mayor and aldermen of the city of Springfield presented a joint petition to the county commissioners,…
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Petition for a writ of certiorari, filed September 9, 1874. The case was heard and reserved by Endicott, J., for the consideration of the full court upon the petition and answer, and the record of the county commissioners, (a copy of which was annexed to the petition,) and was as follows: On October 1,1873, the directors of the Boston and Albany Railroad Company and the mayor and aldermen of the city of Springfield presented a joint petition to the county commissioners, under the St. of 1872, c. 262, § 1, representing that the petitioners were of opinion that it was necessary for the security…
1Opinion of the CourtGray, C. J.
This is an application for a writ of certiorari to quash the proceedings had upon a petition to the county commissioners, under the St. of 1872, e. 262, for an alteration in the method of crossing Main Street and Chestnut Street in Springfield by the Boston and Albany Railroad.
1. By the express terms of the Gen. Sts. c. 17, § 12, if any part oí a road upon which the county commissioners are to act lies within the city or town in which either of them resides, he is disqualified to act thereon (unless a board cannot be organized without him) and one of the special commissioners of the county is…
2Cases cited1 opinion
- Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Worcester & Nashua Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1875
- Boston & Maine Railroad v. Lowell & Lawrence RailroadMassachusetts Supreme Judicial Court · 1878
- Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
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