Board of Survey v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 6, 1915, by the members of the board of survey of the town of Arlington, who under St. 1904, c. 3, § 5, succeeded to the duties of the board of selectmen, among other things, in matters affecting street railways. The defendant demurred, and the case was reserved by Braley, J., for determination by this court.
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Bill in equity, filed in the Supreme Judicial Court on November 6, 1915, by the members of the board of survey of the town of Arlington, who under St. 1904, c. 3, § 5, succeeded to the duties of the board of selectmen, among other things, in matters affecting street railways. The defendant demurred, and the case was reserved by Braley, J., for determination by this court. St. 1913, c. 784, §§ 17, 19-22,29, referred to in the opinion, are as follows: “Section 17. All charges made, demanded or received by any common carrier subject to the supervision of the commission for any service rendered…
1Opinion of the CourtRugg, C. J.
One of the' clauses in the original location granted by the selectmen of the town of Arlington in 1897 to the Arlington and Winchester Street Railway Company, to whose rights, privileges and obligations the defendant has succeeded, was to the effect that “The rate of fare shall not exceed 5 cents from any point in Arlington to any point in Arlington or Winchester, or from any point in Winchester to any point in Arlington, on all lines now or in the future controlled or operated by said Company or by any Company or system of which said road may in the future form a part.” The defendant, under…
2Cases cited15 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- City of Worcester v. Worcester Consolidated Street Railway Co.Supreme Court of the United States · 1905
- Milwaukee Electric Railway & Light Co. v. Railroad CommissionSupreme Court of the United States · 1915
- City of Benwood v. Public Service CommissionWest Virginia Supreme Court · 1914
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
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3Cited by25 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- State ex rel. Triay v. BurrSupreme Court of Florida · 1920
- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- State v. City of New OrleansSupreme Court of Louisiana · 1922
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
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