New York Central & Hudson River Railroad v. Central Massachusetts Electric Co.
Massachusetts Supreme Judicial Court
Tort by the New York Central and Hudson River Railroad Company, as the lessee of the Boston and Albany Railroad Company, which succeeded to the rights of the Western Railroad Company, against the Central Massachusetts Electric Company, for wrongfully erecting and maintaining wires for the transmission of electricity across the tracks of the Boston and Albany Railroad Company above the bridge by which those tracks are carried over Maple Street in the town of Warren and within…
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Tort by the New York Central and Hudson River Railroad Company, as the lessee of the Boston and Albany Railroad Company, which succeeded to the rights of the Western Railroad Company, against the Central Massachusetts Electric Company, for wrongfully erecting and maintaining wires for the transmission of electricity across the tracks of the Boston and Albany Railroad Company above the bridge by which those tracks are carried over Maple Street in the town of Warren and within the location of that railroad company. Writ dated February 11, 1914. In the Superior Court the case was submitted upon…
1Opinion of the CourtRtjgg, C. J.
Before 1891 a public way known as Maple Street crossed at grade in the town of Warren the tracks of the Boston and Albany Railroad, now operated by the plaintiff. In that year the crossing was abolished by proceedings under St. 1890, c. 428, now St. 1906, c. 463, Part I, §§ 29-45, by relocating the street so that at its new location it passed under the tracks of the railroad, which crossed the street by an overhead bridge. The defendant is incorporated to sell electricity for lighting purposes to the public, certain of its wires being carried on poles. In 1894 the defendant was authorized by…
2Cases cited3 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Boston & Albany Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- New York, New Haven, & Hartford Railroad v. Cohasset Water Co.Massachusetts Supreme Judicial Court · 1914
3Cited by3 opinions
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Crowell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Crawford v. Alabama Power Co.Supreme Court of Alabama · 1930