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COMMONWEALTH v. NEW YORK CENTRAL RAILROAD

350 Mass. 724 (1966)

216 N.E.2d 870

COMMONWEALTH vs. NEW YORK CENTRAL RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

May 16, 1966.

Attorney(s) appearing for the Case

Richard J. Ferriter for the defendant.

Barry M. Haight, Assistant District Attorney (Ruth I. Abrams, Assistant District Attorney, with him), for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

WILKINS, C.J.

This complaint under G.L. (Ter. Ed.) c. 160, § 151, charges that on May 23, 1965, the defendant railroad did obstruct and occupy Waverly Street, a public way, in Framingham "with its cars or engines for more than five minutes at one time." The complaint was originally brought in the First District Court of Southern Middlesex, where the defendant was found guilty. See Commonwealth v. New York Cent. & Hudson River R.R.

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