Middlesex Railroad v. Boston & Chelsea Railroad
Massachusetts Supreme Judicial Court
Contract to recover one half of the expense of certain renewals of structures incurred by the plaintiff under a contract made originally by the defendant with the Malden & Melrose Railroad Company, and assigned by the latter to the plaintiff.
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Contract to recover one half of the expense of certain renewals of structures incurred by the plaintiff under a contract made originally by the defendant with the Malden & Melrose Railroad Company, and assigned by the latter to the plaintiff. The case was heard before Wells, J., who reserved it for the consideration of the full court, in substance as follows : On September 15, 1858, a contract was entered into between the defendant of the first part and the Malden & Melrose Rail-" road Company of the second part, the material portions of which are as follows: “ First. That the said party of…
1Opinion of the CourtWells, J.
The contracts, by which the road and franchises of the defendant corporation were transferred in the first instance to the Malden & Melrose Railroad Company, and afterwards to the plaintiff corporation, were ultra vires, and invalid. Richardson v. Sibley, 11 Allen, 65. They are not merely contracts by which another party is employed to operate the road in behalf and under the direction and control of the corporation owning the franchise, receiving a share of the profits as compensation. The entire control of the road with all its franchises is transferred, the corporation owning it receiving…
2Cited by9 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Braslin v. Somerville Horse RailroadMassachusetts Supreme Judicial Court · 1887
- Attorney General v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1919
- Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1903
- Hampden Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919
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