Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 93
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 93
Massachusetts. Supreme Judicial Court
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Vermont Sf Massachusetts Railroad, 4 Gray, 22. H. W. Paine Sf G. G. Hubbard, for the plaintiffs. The plain- tiffs acquired, under the charters referred to, the franchise to con- struct and use a street railway, and to transport passengers at all seasons of the year by cars. Commonwealth v. Temple, 14 Gray, 69. People v. Kerr, 27 N. Y. 188; S. C. 37 Barb. 357. If they have the right to use their track, they must have all the power necessary to make that use available. The defendants, as surveyor...s of highways, have no authority over the tracks of street railways. By St. 1864, c. 229, § 18, the plaintiffs are bound to keep the streets in repair for a space including eighteen inches in width on each side of their track. The city, therefore, under Gen. Sts. c. 44, § 1, are exonerated from duty and liability as to so much of the highway. Yinal v. Dorchester, 7 Gray, 421. Sawyer v. Northfield, 7 Cush. 490. Springfield v. Connecticut River Railroad, 4 Cush. 63. Nor have the defendants any such power under the statutes concerning street railways.
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