French v. Jones
Massachusetts Supreme Judicial Court
Petition, filed November 10, 1905, for a writ of mandamus addressed to the superintendent of streets of the city of Waltham commanding him to grant a license to the petitioner to break and dig up the surface of Trapelo Road in Waltham for the purpose of removing the rails and ties of the street railway formerly belonging to the Concord and Boston Street Railway Company and purchased by the petitioner from the receivers of the property of that company.
Read the full summary
Petition, filed November 10, 1905, for a writ of mandamus addressed to the superintendent of streets of the city of Waltham commanding him to grant a license to the petitioner to break and dig up the surface of Trapelo Road in Waltham for the purpose of removing the rails and ties of the street railway formerly belonging to the Concord and Boston Street Railway Company and purchased by the petitioner from the receivers of the property of that company. The case came on to be heard before Lathrop, J. He found the facts to be as stated in the petition, and also found the facts which he was…
1Opinion of the CourtSheldon, J.
The first question presented in this case is whether the petitioner has become the absolute owner of the rails and tracks laid by the street railway company and now lying on and embedded in the surface of one of the public streets. He purchased all the property of the company at a sale properly made by duly appointed receivers of the company, and the receivers made a proper transfer to him. It is provided by R L. c. 112, § 12, that “A receiver of the property of a street railway company may, by order of the court,. sell and transfer the road and property of such company, its locations and…
2Cases cited24 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- Gulick v. NewIndiana Supreme Court · 1860
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Morley v. Police CommissionerMassachusetts Supreme Judicial Court · 1927
- Ames v. Attorney GeneralMassachusetts Supreme Judicial Court · 1955
- McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913
17 more not listed; retrieve them via the Exa API.