Metropolitan Railroad v. Highland Street Railway Co.
Massachusetts Supreme Judicial Court
Petition to the board of railroad commissioners, under the St. of 1871, e. 381, to deterpiine the compensation to be paid to the petitioner for the use of its tracks by the respondent.
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Petition to the board of railroad commissioners, under the St. of 1871, e. 381, to deterpiine the compensation to be paid to the petitioner for the use of its tracks by the respondent. The commissioners heard the parties, and made and returned to this court an award, which, after stating the facts of the case, the substance of which appears in the opinion of the court, stated that the award was made upon the following principles : “ The route through which a corporation can operate a street railway and receive and retain profits for the carriage of passengers in its cars is coextensive with…
1Opinion of the CourtGray, C. J.
The Metropolitan Railroad Company, under its charter from the Legislature, doubtless had a franchise to run cars for hire upon its tracks as located by the mayor and aldermen, and its right in this respect was exclusive as against other persons and corporations to whom the Legislature had not granted like rights. Metropolitan Railroad v. Quincy Railroad, 12 Allen, 262, 269, 270.
But, as was said by Chief Justice Shaw, in the leading case of Commonwealth v. Temple, 14 Gray, 69, 76, “ the accommodation of travellers, of all who have occasion to use them, at certain rates of fare, is the leading…
2Cases cited3 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Parker v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Thornton v. Marginal Freight Railway Co.Massachusetts Supreme Judicial Court · 1877
- Attorney General v. Haverhill Gas Light Co.Massachusetts Supreme Judicial Court · 1913
- Mayor of NewtonMassachusetts Supreme Judicial Court · 1898
- Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891
- New York, New Haven & Hartford Railroad v. Bridgeport Traction Co.Supreme Court of Connecticut · 1895
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