NEWTON v. DEPARTMENT OF PUBLIC UTILITIES


339 Mass. 535 (1959)

160 N.E.2d 108

CITY OF NEWTON & another vs. DEPARTMENT OF PUBLIC UTILITIES & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1959.


Attorney(s) appearing for the Case

Matt B. Jones, Jr., City Solicitor, for the city of Newton.

Richard H. Lovell & David B. Eusden, for Newton Improvement Association.

Edward J. McCormack, Jr., Attorney General, Nathan S. Paven, Assistant Attorney General, & Herbert Baer, for the Department of Public Utilities.

Richard J. Ferriter, for Boston and Albany Railroad Company and another.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

The city of Newton and Newton Improvement Association seek review under G.L.c. 25, § 5 (as amended through St. 1956, c. 190),1 of a decision of the department of public utilities (the department) authorizing (a) the abandonment by the Boston and Albany Railroad Company and by its lessee, the New York Central Railroad Company (hereinafter together called the railroads), of several passenger stations, and (b) the discontinuance...

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