Legal Opinion

City of Fall River v. Public Service Commissioners

Massachusetts Supreme Judicial Court

Decided February 28, 1919PublishedCited by 2 opinions

Bill in equity, filed in the Supreme Judicial Court on January 7, 1919, by the city of Fall River against the members of the public service commission and the receiver of the property of the Bay State Street Railway Company under St. 1913, c. 784, § 27, alleging that the order of the public service commission, relating to the operation by the defendant receiver of the city lines of the Bay State Street Railway Company, “requiring the purchase of five tickets in order to…

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Bill in equity, filed in the Supreme Judicial Court on January 7, 1919, by the city of Fall River against the members of the public service commission and the receiver of the property of the Bay State Street Railway Company under St. 1913, c. 784, § 27, alleging that the order of the public service commission, relating to the operation by the defendant receiver of the city lines of the Bay State Street Railway Company, “requiring the purchase of five tickets in order to obtain a seven cent fare and allowing a fare of ten cents to be charged when cash is paid is unreasonable, excessive and…

1Opinion of the CourtRugg, C. J.

It is sought by this petition to annul the portion of the order of the public service commission (discussed at large in Bonham v. Public Service Commissioners, ante, 309), which relates to city lines and requires the issuance of not less than five tickets or tokens for thirty-five cents as the sole means by which the public can avail itself of the seven cent fare there established, and the requirement of a ten cent fare when paid in cash. Such an order is within the scope of the authority conferred by St. 1913, c. 784, upon the public service commission. The order itself is not irrational. It…

2Cases cited2 opinions

  1. Pennsylvania Railroad v. TowersSupreme Court of the United States · 1917
  2. Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882

3Cited by2 opinions

  1. City of Newton v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1959
  2. Town of Wilmington v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1960

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