Commonwealth v. Worcester & Nashua Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says the defendant is a railroad corporation duly and legally created, established, chartered and organized under and by the laws of the said Commonwealth of Massachusetts, and, as such corporation, owns, manages, operates and uses a railroad extending from Worcester, in said Commonwealth of Massachusetts, to Nashua, in the State of New Hampshire, and, as such railroad corporation, is a common carrier of passengers…
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Tort. The declaration was as follows: “ And the plaintiff says the defendant is a railroad corporation duly and legally created, established, chartered and organized under and by the laws of the said Commonwealth of Massachusetts, and, as such corporation, owns, manages, operates and uses a railroad extending from Worcester, in said Commonwealth of Massachusetts, to Nashua, in the State of New Hampshire, and, as such railroad corporation, is a common carrier of passengers and freight over and upon its said railroad. And the plaintiff. further says that the defendant, being such railroad…
1Opinion of the CourtGray, C. J.
This action is brought to recover the penalty imposed by the St. of 1874, c. 372, § 141, for a violation of the first provision of § 140, which is as follows : “ No railroad corporation shall charge or receive for the transportation of freight to any station on its road a greater sum than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on its road in the same direction.”
The statute on which this action is brought, being a penal statute, is not to be extended by…
2Cases cited1 opinion
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Libby v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. BeckMassachusetts Supreme Judicial Court · 1904
- Somers v. Commercial Finance Corp.Massachusetts Supreme Judicial Court · 1923
- Elliott v. Worcester Trust Co.Massachusetts Supreme Judicial Court · 1905
- Harvey v. EastonMassachusetts Supreme Judicial Court · 1905
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