Brownell v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed August 18,1894, by ten citizens of New Bedford and three citizens of Fairhaven, for the enforcement of St. 1894, c. 392, and the forfeitures prescribed therein, entitled “ An Act requiring the Old Colony Railroad Company to operate a ferry across the Acushnet River between the city of New Bed-ford and the town of Fairhaven.”
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Bill in equity, filed August 18,1894, by ten citizens of New Bedford and three citizens of Fairhaven, for the enforcement of St. 1894, c. 392, and the forfeitures prescribed therein, entitled “ An Act requiring the Old Colony Railroad Company to operate a ferry across the Acushnet River between the city of New Bed-ford and the town of Fairhaven.” The defendant, in its answer, did not allege any intent or effort to obey the statute, but denied its validity, and set up the order of the Railroad Commissioners of October 29, 1894, prescribing February 1,1895, instead of August 1, 1894, as the day…
1Opinion of the CourtAllen, J.
By St. 1854, c. 124, the proprietors of the New Bedford and Fairhaven Ferry were authorized to transfer their charter to the Fairhaven Branch Railroad Company, by deed, which .should vest in the latter company all the rights and *31powers conferred by said charter, with a provision that the latter company should be held to perform all the duties prescribed thereby, and that from and after the execution and delivery of the deed the name of the ferry company should be changed, and that the said corporation should afterwards exist and be known by the name of the Fairhaven Branch Railroad Company,…
2Cases cited16 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
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3Cited by18 opinions
- State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929
- Attorney General v. Haverhill Gas Light Co.Massachusetts Supreme Judicial Court · 1913
- Sanders v. Pacific Gas & Electric Co.California Court of Appeal · 1975
- Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Assessors of Boston v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1946
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