Opinion

In re Mayor of Northampton

  • 158 Mass. 299
  • 33 N.E. 568
  • 1893 Mass. LEXIS 289
Court
Massachusetts Supreme Judicial Court
Filed
Mar 2, 1893
Status
Published
Author
Knowltonlathropbarker
On the bench
Barker, Field, Knowlton, Lathrop
Cited by
17 cases

Distinguished

  • Distinguished by Providence, Fall River & Newport Steamboat Co. v. City of Fall River, 183 Mass. 535 (1903)

    The case of In re Mayor & Aldermen of Northampton, 158 Mass. 299, is clearly distinguishable.
    Massachusetts Supreme Judicial CourtJun 18, 1903Read it

The opinion

Justices Knowlton, Lathrop, and Barker

dissent, on the ground that the St. of 1892, c. 311, should be construed only as a direction to the court in regard to the decree to be entered in a particular case pending at the time of its enactment, and not as an amendment of the general law in regard to grade crossings, establishing for all time and in all proceedings a different rule for the change of the crossings mentioned in the petition from that applicable to other crossings in the city and in the State. So construed, they are of opinion that the statute is unconstitutional.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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