Calley v. Boston & Maine Railroad

Defendant’s counsel contend that it was the legislative intent to make applicable to overhead railroad bridges the provisions of sections 2 and 3 of chapter 105 of the Revised Laws relating to highway railings erected by towns, and that the railing on the bridge at Andover must be deemed legally sufficient, since it was approved by the State Highway Department at the time of its construction.

There is nothing in the statute itself, however, which indicates an intention to include railroads within its terms and, even if there were, there is no claim that the defendant so far complied with the…