Middlesex Railroad v. Wakefield
Massachusetts Supreme Judicial Court
Bill in equity against Thomas L. Wakefield, Edward S. Philbriek and William T. Davis, the commissioners authorized by the St. of 1869, c. 272, to widen the draws in Charles River Bridge and Warren Bridge, and against William A. Renrick, to restrain them from widening said draws in such a manner as to prevent the plaintiffs from running their cars as usual over those bridges at all times.
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Bill in equity against Thomas L. Wakefield, Edward S. Philbriek and William T. Davis, the commissioners authorized by the St. of 1869, c. 272, to widen the draws in Charles River Bridge and Warren Bridge, and against William A. Renrick, to restrain them from widening said draws in such a manner as to prevent the plaintiffs from running their cars as usual over those bridges at all times. The case, as it appeared from the bill, answer and agreed facts, on which it was reserved by Ames, J., for the determination of the full court, was as follows: The bridges are situated near each other, and…
1Opinion of the CourtAmes, J.
The franchise conferred by charter, upon corporations of the class to which these plaintiffs belong, is of a carefully limited and qualified nature. They are authorized to use the streets in which their tracks may be laid, in a manner in some respects differing from the ordinary public use, and to some extent modifying the rights of other travellers over those streets. But the use of the streets is granted to them only in common with others. Their franchise does not give them the control of the highways. By the general legislation on the subject, as well as by the terms of the charters, that…
2Cited by17 opinions
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- New Orleans Gaslight Co. v. Drainage CommissionSupreme Court of Louisiana · 1903
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