MALDEN v. METROPOLITAN TRANSIT AUTHORITY


328 Mass. 491 (1952)

104 N.E.2d 428

CITY OF MALDEN vs. METROPOLITAN TRANSIT AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 1952.


Attorney(s) appearing for the Case

B. Kaplan, City Solicitor, for the plaintiff.

W.J. Fitzsimons, for Metropolitan Transit Authority.

D.H. Stuart, Assistant Attorney General, for department of public utilities.

Present: QUA, C.J., RONAN, WILKINS, & WILLIAMS, JJ.


WILKINS, J.

This is a bill in equity to annual an order of the defendant department of public utilities granting a permit to the defendant Metropolitan Transit Authority to operate trackless trolleys over certain public ways in the city of Malden; to erect, establish and maintain the necessary poles to support the wires of its electric system; to attach wires, appliances, and apparatus to the said poles; and to make the necessary underground and surface alterations...

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