Legal Opinion

Commonwealth v. New York Central & Hudson River Railroad

Massachusetts Supreme Judicial Court

Decided May 25, 1909PublishedCited by 26 opinions

Two COMPLAINTS, received and sworn to on February 20, 1908, under R. L. c. Ill, § 196, now St. 1906, c. 463, Part II. § 155, against the New York Central and Hudson River Railroad Company for obstructing Cambridge Street in Cambridge with cars for more than five minutes at one time, respectively on January 23 and February 13, 1908. In the Superior Court the cases were tried together before Bell, J. It being admitted that cars of the defendant obstructed Cambridge Street at…

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Two COMPLAINTS, received and sworn to on February 20, 1908, under R. L. c. Ill, § 196, now St. 1906, c. 463, Part II. § 155, against the New York Central and Hudson River Railroad Company for obstructing Cambridge Street in Cambridge with cars for more than five minutes at one time, respectively on January 23 and February 13, 1908. In the Superior Court the cases were tried together before Bell, J. It being admitted that cars of the defendant obstructed Cambridge Street at each of the times alleged in the complaints for more than five minutes at one time, the defendant offered to prove in…

1Opinion of the CourtBraley, J.

By the St. of 1906, c. 463, Part II. § 155, section 196 of chapter 111 of the Revised Laws is incorporated without change, and by § 159 of Part III., the provisions being the same as those of existing statutes, § 155 is to be construed as a continuation of § 196, and not as a new enactment. Accordingly these complaints may be properly described as brought under § 196, which so far as material provides, that “ no railroad corporation ... or its". . . servants or agents, shall wilfully or negligently *396obstruct or unnecessarily or unreasonably use or occupy a highway, town way or street, nor in…

2Cases cited17 opinions

  1. People v. . WestNew York Court of Appeals · 1887
  2. Barnes v. StateSupreme Court of Connecticut · 1849
  3. State v. HartfielWisconsin Supreme Court · 1869
  4. Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
  5. White v. WhiteCourt of Appeals of Kentucky · 1859

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3Cited by26 opinions

  1. Tenement House Department v. . McDevittNew York Court of Appeals · 1915
  2. Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
  3. Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
  4. In Re MarleyCalifornia Supreme Court · 1946
  5. Frasher v. StateCourt of Special Appeals of Maryland · 1970

21 more not listed; retrieve them via the Exa API.

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