New York, C. Railroad v. Blackstone

2 Citing cases

  1. Directors of the B. A. R. R., Petitioners

    136 N.E. 147 (Mass. 1922)   Cited 4 times

    "or in a bridge at the crossing" in St. 1906, c. 463, Part I, § 23, appear in substance in St. 1874, c. 372, § 96, the first codification of the railroad law of the Commonwealth, and are continued in Pub. Sts. c. 112, § 129, and R. L. c. 111, § 134. It has been decided in the application of these enactments, that the widening of a highway or bridge, the erection of a new bridge in the abolition of a crossing at grade; and the reconstruction of a railroad bridge over a highway by superimposing on the masonry a new structure for the diversion of water which would prevent it from reaching the masonry where it would seep and fall upon the highway, constitute an alteration. Davis v. County Commissioners, 153 Mass. 218, 227. Boston Lowell Railroad v. Winchester, 156 Mass. 217. Boston Albany Railroad v. County Commissioners, 164 Mass. 551, 554. New England Railroad v. Railroad Commissioners, 171 Mass. 135, 138. Boston Albany Railroad v. County Commissioners, 177 Mass. 511, 512. New York, New Haven Hartford Railroad v. Blackstone, 184 Mass. 491. Aldermen of Fitchburg v. Boston Maine Railroad, 203 Mass. 304, 309. See Bennett v. Wellesley, 189 Mass. 308, 315, 316; Selectmen of Brookline, petitioners, 236 Mass. 260. The petition, the decree, the layout, and the vote of acceptance of the town all refer to the change as an "alteration.

  2. Directors of Boston Maine R. R. Petitioners

    122 N.E. 191 (Mass. 1919)   Cited 2 times

    It follows that the special commission had jurisdiction to determine the expense and costs of such work and to assess that sum upon the city of Lowell, which we assume was found to have been specially benefited. Norwood v. New York New England Railroad, 161 Mass. 259. Westborough, petitioner, 184 Mass. 107. New York, New Haven, Hartford Railroad v. Blackstone, 184 Mass. 491. Mayor Aldermen of Waltham, petitioners, 206 Mass. 208, 211. Decree affirmed.