Providence, W. & B. R. Co. v. Town Council of Warren

• Decision Date: 01 July 1913
• Citation: 87 A. 205
• Parties: PROVIDENCE, W. & B. R. CO. et al. v. TOWN COUNCIL OF WARREN et al.
• Court: Rhode Island Supreme Court

87 A. 205

PROVIDENCE, W. & B. R. CO. et al.

v. TOWN COUNCIL OF WARREN et al.

Supreme Court of Rhode Island.

July 1, 1913.

Petition to the Town Council of Warren for the establishment of a public highway. From the action of the Public Utilities Commission, consenting to the establishment of the highway, the Providence, Warren & Bristol Railroad Company and another appeal. Appeal dismissed.

Nathaniel W. Smith and Frank P. Ayer, both of Providence, for appellants.

Geo. L. Cooke, of Providence, for respondent.

PER CURIAM. The proceedings in this matter were commenced by a petition to the town council of Warren asking that a public highway might be established in said Warren from Main street, also known as the Main Road, to Warren river in the vicinity of the South Warren railroad station. Acting upon this petition, the town council of Warren on July 1, 1912, ordered and decreed "that it is necessary that a new highway should be laid out from the westerly side of South Main street westerly to Warren river, in said Warren, over and upon that 'right of way,' so called, thirty-five (35) feet in width, as laid out and designated on that 'plat of land in the town of Warren sold at auction June 19, 1885, to Charles S. Maxfield,' said plat being made by James S. Mason, June 25, 1885, and being recorded in the Records of Land Evidence in said Warren on Plat Card No. 8."

Subsequently the town council of Warren passed a resolution authorizing the president thereof to sign and present, in behalf of the town, a petition to the Public Utilities Commission of Rhode Island requesting its consent to the laying out and building of such highway, and such petition was accordingly preferred. The Public Utilities Commission viewed the proposed layout, accompanied by members of the town council, representatives of the railroad, and other interested parties, and after a public hearing held in the town hall at Warren, where interested parties were heard both for and against the granting of the petition, gave its consent in writing.

From this action of the Public Utilities Commission the Providence, Warren & Bristol Railroad Company and its lessee, the New York, New Haven & Hartford Railroad Company, took an appeal, in accordance with the statutory provision relating thereto, on the ground that such consent was unlawful and unreasonable because: "(1) A public highway can be laid out from South Main street to the Warren river near said way hereinbefore mentioned and...