Brayton v. City of Fall River

• Decision Date: 05 February 1878
• Citation: Brayton v. City of Fall River, 124 Mass. 95 (Mass. 1878)
• Court: Supreme Judicial Court of Massachusetts
• Parties: John S. Brayton & others, petitioners, v. City of Fall River & others

124 Mass. 95

John S. Brayton & others, petitioners, v. City of Fall River & others

Supreme Court of Massachusetts

February 5, 1878

Argued October 25, 1877

Nantucket. Petition of eleven citizens of the county of Bristol, praying for the appointment of commissioners under the St. of 1872, c. 295, § 1, authorizing the Old Colony and Newport Railway Company to construct a highway and railway bridge over Taunton Great River.

Commissioners were appointed, who heard the parties, and made an award, in which they determined that the sum of $ 76,361.20, being one fourth part of the equitable cost of the bridge, should be paid to the railroad company; and decreed that the city of Fall River and the towns of Somerset and Swansea were specially benefited, and that they and the county of Bristol should pay this amount in certain proportions.

The report of the commissioners was addressed to this court, and filed in the clerk's office. The petitioners, on behalf of the county commissioners of the county of Bristol, moved that the award be accepted. The city of Fall River and the towns of Somerset and Swansea objected to the acceptance of the award on the grounds that the St. of 1872, c. 295, made no provision for the return of the award to any court, and that so much of it as authorized the railroad company to build the bridge, and directed one fourth part of the expense thereof to be apportioned between the county of Bristol and such cities and towns as were specially benefited, was unconstitional and void.

Hearing before Lord, J., who reserved the case for the consideration of the full court.

Award accepted.

E. H Bennett, (H. J. Fuller with him,) for the petitioners.

M Reed, for the city of Fall River.

J. M Morton, Jr., for the town of Somerset.

J. Brown, for the town of Swansea.

Colt J. Lord & Soule, JJ., absent.

OPINION

Colt, J.

The city of Fall River, and the towns of Somerset and Swansea, object to the acceptance of an award made by commissioners appointed by this court to apportion and assess upon the county of Bristol, and the cities and towns therein, a part of the cost of a bridge constructed for both highway and railway purposes, across Taunton Great River, by the Old Colony and Newport Railway Company, according to a plan approved by the railroad commissioners, and under the provisions of the St. of 1872, c. 295.

There is no express requirement in the statute that the doings of the commissioners shall be returned into court. But it results from necessary implication, arising out of the nature of the duties which are to be performed, that such return should be made, in order that the doings of the commissioners may be confirmed, when no sufficient cause is shown to the contrary. Hingham & Quincy Bridge v. Norfolk, 6 Allen 353.

The act in question gives to the railroad corporation the right to build a bridge, adapted for both kinds of travel, upon a plan to be approved by the railroad commissioners, and with a draw approved by the harbor commissioners, and directs that one fourth of the "equitable cost" of the same be paid by the county to the corporation, and that, on the completion of the bridge, that portion thereof adapted to highway purposes shall thereupon become a public highway.

The objection that this act is unconstitutional cannot be sustained. From the earliest times, laws have been passed providing for the construction, support and maintenance of public roads and bridges, and for the distribution of the expense and burden of the same upon the cities and towns benefited. It is said that such laws are authorized by those clauses of the...