Selectmen of Amesbury v. Citizens Electric Street Railway Co.
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court for the county of Essex on August 10, 1906, under St. 1906, c., 339, now St. 1906, c. 463, Part III. § 76, by the selectmen of the towns of Amesbury and Merrimac to compel the respondent to resume the operation of a part of its street railway, called the Pleasant Valley line.
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Petition, filed in the Supreme Judicial Court for the county of Essex on August 10, 1906, under St. 1906, c., 339, now St. 1906, c. 463, Part III. § 76, by the selectmen of the towns of Amesbury and Merrimac to compel the respondent to resume the operation of a part of its street railway, called the Pleasant Valley line. The case was referred to a master, who filed a report, to which the respondent filed exceptions, upon which there was a hearing before Morton, J., who reserved the case for consideration by the full court.
1Opinion of the CourtSheldon, J.
This petition is brought under St. 1906, c. 339, now St. 1906, c. 463, Part III. § 76, to compel the respondent to resume the operation of a certain part of its railway, called the Pleasant Valley line. The defendant had abandoned and discontinued the operation of this line in January, 1905; and the first question is whether the petition can be maintained under a statute passed more than a year thereafter.
This statute in no way affected the rights of the parties; it expressly provided that nothing therein contained should be “ deemed a legislative construction of any existing law or an…
2Cases cited33 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
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3Cited by24 opinions
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- Commonwealth v. DeCotisMassachusetts Supreme Judicial Court · 1974
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- Paraboschi v. ShawMassachusetts Supreme Judicial Court · 1927
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