Commonwealth v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Indictments under St. 1871, c. 83, § 1, for occupying for more than five minutes at one time, with cars and engines, a part of Bridge Street in the city of Springfield, which is crossed by the defendant’s tracks.
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Indictments under St. 1871, c. 83, § 1, for occupying for more than five minutes at one time, with cars and engines, a part of Bridge Street in the city of Springfield, which is crossed by the defendant’s tracks. At the trial of the first case in the Superior Court, before Wilkinson, J., there was evidence offered by the government tending to show that, May 9, 1873, a train of cars was shoved down from the Connecticut River Railroad, by its engine and servants, on to the defendant’s road, so as to cover the crossing at Bridge Street, which is about six hundred feet from the northern terminus…
1Opinion of the CourtColt, J.
It is declared by St. 1871, c. 83, that “no railroad corporation shall unnecessarily or unreasonably use or occupy a highway; nor in any case with cars or engines for more than five minutes at one time,” and a penalty is provided for each violation of the act. See also St. 1871, c. 316.
The defendant is indicted under the last clause of this statute, and asks the court to rule that there can be no conviction, if it is shown that the obstruction complained of was accidental, and could not have been avoided or removed by the exercise of reasonable care. The court is also asked to rule in…
2Cases cited1 opinion
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. SacksMassachusetts Supreme Judicial Court · 1913
- Smart v. WhiteSupreme Judicial Court of Maine · 1882