Legal Opinion

Mayor of Worcester v. Worcester Consolidated Street Railway Co.

Massachusetts Supreme Judicial Court

Decided May 17, 1906PublishedCited by 7 opinions

Bill in equity, filed in the Supreme Judicial Court on July 21, 1905, by the mayor and aldermen of the city of Worcester against the Worcester Consolidated Street Railway Company under R. L. c. 112, § 100, to compel the defendant to put in proper repair the pavement upon certain streets in .the city of Worcester as required by the terms and restrictions of the original grant of location granted by the plaintiffs on December 8,1890, to the Worcester, Leicester and Spencer…

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Bill in equity, filed in the Supreme Judicial Court on July 21, 1905, by the mayor and aldermen of the city of Worcester against the Worcester Consolidated Street Railway Company under R. L. c. 112, § 100, to compel the defendant to put in proper repair the pavement upon certain streets in .the city of Worcester as required by the terms and restrictions of the original grant of location granted by the plaintiffs on December 8,1890, to the Worcester, Leicester and Spencer Street Railway Company, one of the predecessors .of the defendant. Among the terms and restrictions imposed by the order…

1Opinion of the CourtBraley, J.

The demurrer .admits the substantial allegations of the bill, by which without rehearsing its entire statutory title the defendant is described as a corporation duly organized to operate, and actually operating a system of street railways a part of which is located within, the municipal limits of the city of Worcester. By purchase it has lawfully succeeded to all the rights and franchises formerly granted to the Worcester, Leicester and Spencer Street Railway Company, one of its predecessors in title. St. 1893, c. 338. St. 1897, c. 269. At the date of transfer the tracks of this railway were…

2Cases cited12 opinions

  1. Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
  2. Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
  3. Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
  4. Skinner v. ShepardMassachusetts Supreme Judicial Court · 1881
  5. Morrill & Whiton Construction Co. v. City of BostonMassachusetts Supreme Judicial Court · 1904

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3Cited by7 opinions

  1. Selectmen of Clinton v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  2. Ritter v. HillSupreme Court of Pennsylvania · 1924
  3. Collector of Taxes v. Bay State Street RailwayMassachusetts Supreme Judicial Court · 1920
  4. City of Fall River v. Public Service CommissionersMassachusetts Supreme Judicial Court · 1917
  5. Sawin v. Connecticut Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1912

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