Farnum v. Haverhill & Andover Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity by a stockholder of the defendant to restrain it from constructing tracks outside the limits of the highways of the Commonwealth, filed November 1, 1900. The case was heard in the Superior Court, by Fessenden, J., who reserved it on the bill and answer and agreed facts for the consideration of the full court, such decree to be entered as justice and equity might require. The agreed facts were as follows: “First.
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Bill in equity by a stockholder of the defendant to restrain it from constructing tracks outside the limits of the highways of the Commonwealth, filed November 1, 1900. The case was heard in the Superior Court, by Fessenden, J., who reserved it on the bill and answer and agreed facts for the consideration of the full court, such decree to be entered as justice and equity might require. The agreed facts were as follows: “First. It is agreed that Loring N. Farnum, of Boston, county of Suffolk and Commonwealth of Massachusetts, was a subscriber for ten shares of the capital stock of the…
1Opinion of the CourtKnowlton, J.
The only question in this case is whether a street railway company, organized under the general laws of this Commonwealth, can build its tracks and run its cars over land acquired by purchase outside of the limits of the streets or highways. This question is not directly answered by the statutes, and it never has been considered by this court.
The definitions of the words “ street railway ” given by the St. 1874, c. 372, § 2, and the Pub. Sts. c. 112, § 1, throw no light on the question. ’ The definition in the St. 1898, c. 578, § 1, which is given for the construction of that act, mentions…
2Cited by3 opinions
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- Hyde v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907