Commonwealth v. Eastern Railroad
Massachusetts Supreme Judicial Court
The first case was an action of tort on the St. of 1868, 89, which was passed March 27 of that year, and is printed in the margin,* against a railroad company incorporated by the St. of 1836, c. 232, to recover $400 for the delay of the defendants for two months to establish a station at Knight’s Crossing in Newbury. Writ dated September 16, 1868. The answer alleged that the St. of 1868, c. 89, was unconstitutional.
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The first case was an action of tort on the St. of 1868, 89, which was passed March 27 of that year, and is printed in the margin,* against a railroad company incorporated by the St. of 1836, c. 232, to recover $400 for the delay of the defendants for two months to establish a station at Knight’s Crossing in Newbury. Writ dated September 16, 1868. The answer alleged that the St. of 1868, c. 89, was unconstitutional. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon the pleadings, and these facts agreed ; “ It is agreed that, since the passage of…
1Opinion of the CourtChapman, C. J.
By the St. of 1868, c. 89, the defendants are required to establish a flag station on their railroad at Knight’s Crossing in Newbury, and erect there a station-house at which at least two trains each way and each day shall stop. The statute has not been complied with, and the defendants contend that it is unconstitutional. The defendants were chartered April 14, 1836, subject to the provision in the Revised Statutes that every act of incorporation passed since March 11, 1831, shall at all times be subject to amendment, alteration or repeal at the pleasure of the legislature,* and to the…
2Cases cited1 opinion
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by24 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
- Mayor of Worcester v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1871
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