South Boston Railroad v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from laying ita tracks in Lincoln Street, and from connecting with and using the plaintiff’s tracks in Beach Street in the city of Boston. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows: The plaintiff is a street railway company, owning and operating a railway extending from South Boston to the city proper.
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Bill in equity to restrain the defendant from laying ita tracks in Lincoln Street, and from connecting with and using the plaintiff’s tracks in Beach Street in the city of Boston. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows: The plaintiff is a street railway company, owning and operating a railway extending from South Boston to the city proper. The defendant is a similar corporation, whose railway extends from the city proper to Charlestown and Somerville. On June 26, 1876, the board of aldermen of the city of Boston…
1Opinion of the CourtMorton, J.
The plaintiff’s bill can be maintained only upon the ground that the order of the board of aldermen passed June 26,1876, is invalid.
Previously to this order, the defendant, the Middlesex Railroad Company, a corporation owning and operating more than two consecutive miles of track, had been authorized to enter upon and use the tracks of the Metropolitan Railroad Company in Washington Street as far as its junction with Boylston Street. The order contains two parts: one authorizing the Middlesex Railroad Company to enter upon and use the track of the Metropolitan Railroad in Summer Street, as…
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