Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 213 (1912-1913)

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 213 (1912-1913)
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 213 (1912-1913)
Massachusetts. Supreme Judicial Court
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LyonSy for the plaintiff.
Sheldon, J. The Boston Transit Commission, in accordance with the requirement of St. 1897, c. 500, § 17, constructed a timnel running from Boston proper to East Boston. That section, so far as now material, reads as follows: ''The Boston Transit Commis- sion shall construct a tunnel or timnels, of sufficient size for two railway tracks, with approaches, entrances, sidings, stations and connections therefor, and for the running of railway cars therein, from a point on o
...r near Hanover Street in the city of Boston, or such other point or points as said board may deem proper for a suitable connection with the subway or subways provided for" in another statute, "to a point at or near Maverick Square in that part of Boston called East Boston, where a suitable connection with surface tracks may be made. Said tunnel or timnels shall be constructed in a thorough and substantial manner, with special reference to strength, durability and safety for railway travel, and shall be water tight, or in case of leakage the water shall be taken care of by said city." The section then enacts that the tun- nel when completed shall be leased to the defendant.

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