Neglect to close gates at private cross ing. 1862, 123. SECTION 237. Whoever enters upon or crosses a railroad at a private way which is closed by gates or bars, and neglects to close them securely, shall forfeit not less than two nor more than ten dollars for each offence, and be liable for any damage P. S. 112, § 200. R. L. 111,254. which results therefrom. 1874, 372, § 183. Malicious injury to rail road, etc. R. S. 39, § 77. 1874, 372, § 154. SECTION 238. Whoever maliciously injures a railroad, or anything pertaining thereto, or any materials or implements for G. S. 63, 105. the construction or use thereof, or aids or abets in such trespass, shall be punished by a fine of not more than one thousand R. L. 111,255. dollars, or by imprisonment in jail for not more than one year, or by both such fine and imprisonment, and shall for each offence forfeit to the use of the corporation treble the amount of damages which it has sustained thereby. P. S. 112, & 201. 202 Mass. 396. Expectoration in certain public places prohibited. Amended, 1907, 410. Penalty. 1906, 165, § 1, amended. Expectoration in certain public places prohibited. Superseded, 1908, 150. Acts of 1906, Chapter 165. An Act to prohibit Expectoration in Certain Public Places and Conveyances. [SECTION 1. No person shall expectorate or spit on any public sidewalk, or, except in receptacles provided for the purpose, upon the floor in any city or town hall, in any court house or court room, in any public library or museum, in any church or theatre, in any lecture or music hall, in any ferry boat or steamboat, in any railroad car, except a smoking car, in any railway car, in any railroad or railway station or waiting room or on any sidewalk or platform connected therewith.] SECTION 2. Whoever violates any provision of this act shall be punished by a fine of not more than twenty-dollars. [Approved March 16, 1906. Acts of 1907, Chapter 410 An Act further to prohibit Expectoration in Certain Public Places and [SECTION 1. Chapter one hundred and sixty-five of the acts of the Section 1. No person shall expectorate or spit upon any public sidewalk or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, in or upon any part of any city or town hall, any court house or court room, any public library or museum, any church or theatre, any lecture or music hall, any mill or factory, any hall of any tenement building occupied by five or more families, any school building, any ferryboat or steamboat, any railroad car, except a smoking car, any elevated railroad car, except a smoking car, any street railway car, any railroad or railway station or waiting room, or on any track, platform or sidewalk connected therewith, and included within the limits thereof. mitment. SECTION 2. Section two of said chapter one hundred and sixty-five is 1906, 165, § 2, amended. hereby amended by adding at the end thereof the words: Any person Penalty, detected in the act of violating any provision of this act may be arrested arrest, comby any officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court which has jurisdiction of such offence; and if his name is unknown to the officer who makes the arrest, he may be arrested without a warrant, so as to read as follows: Section 2. Whoever violates any provisions of this act shall be punished by a fine of not more than twenty dollars. Any person detected in the act of violating any provision of this act may be arrested by any officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court which has jurisdiction of such offence; and if his name is unknown to the officer who makes the arrest, he may be arrested without a warrant. SECTION 3. This act shall take effect upon its passage.. [Approved May 14, 1907. Acts of 1908. Chapter 150. An Act further to prohibit Expectoration in Certain Public Places and Conveyances. and 1907, 410, amended. Section one of chapter one hundred and sixty-five of the acts of the 1906, 165, year nineteen hundred and six, as amended by section one of chapter four hundred and ten of the acts of the year nineteen hundred and seven, is hereby further amended by striking out the said section and inserting in place thereof the following: - Section 1. [For § 1 as amended, see above.] engine or car, R. S. 39, § 77. §§ 1, 2. 106, 107, 108. $$ 154, 155, P. S. 112, 203, SECTION 239. Whoever wilfully obstructs, or aids or abets Obstructing in obstructing, or wilfully does or causes to be done anything etc. with the intent to obstruct, the passing of an engine or car upon 1850, 44. a railroad, or wilfully endangers, or aids or abets in endanger- 1852, 186, ing, or wilfully does or causes to be done anything with the G. S. 63, $$ 105, intent to endanger, the safety of persons conveyed in or 1874, 372. upon the same, shall be punished by a fine of not more than one 156, 157. thousand dollars, or by imprisonment in the state prison for $ 201, 202, not more than twenty years, or by both such fine and imprison- 1890, 332. ment, and shall for each offence forfeit to the use of the cor- R$ 255, 256, poration treble the amount of damages which it has sustained 257, 258. thereby. SECTION 240. Whoever wilfully and maliciously stops a Wilfully stoptrain on a railroad or causes it to be stopped for the purpose of 1879, 177. entering, leaving or wantonly delaying the same shall be pun- R. L. 111,250. ished by a fine of not more than one hundred dollars or by im- 109 Mass. 345. prisonment for not more than one month. 105 Mass. 53. 202 Mass. 396. SECTION 241. Whoever unlawfully uses, removes or tampers with any tools or appliances carried on the cars of a railroad corporation as required by section one hundred and sixty-eight shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment. R. L. 109 Mass. 345. ping train. P. S. 112, § 205. 202 Mass. 396. Tampering 1882, 54, § 2. with tools. R. L. 111, § 261. Penalty for gaming in railroad car, etc. 1869, 382. P. S. 99, § 4. Disorderly conduct in public conveyances. 1883, 102. Breaking and entering railroad car, etc. 1874, 70; 372, Revised Laws, Chapter 214, § 2. SECTION 2. Whoever, in a railroad car, steamboat or other public conveyance, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall for each offence forfeit not more than fifty dollars or be imprisoned for not more than three months. If he is discovered in the act, he may be arrested - without a warrant by a sheriff, deputy sheriff, constable or other civil officer, and held in custody, in jail or otherwise, for not more than twentyfour hours, until complaint is made against him for such offence. Revised Laws, Chapter 212, § 35. SECTION 35. Whoever, in or upon a railroad carriage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travellers in or upon the same by profane, obscene or indecent language, or by indecent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. Revised Laws, Chapter 208, § 19. SECTION 19. Whoever breaks and enters, or enters in the night time without breaking, a railroad car, with intent to commit a felony, shall be punished by imprisonment in the state prison for not more than ten P. S. 203, § 14. years or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years. § 158. Marking of torpedoes, etc. Acts of 1908, Chapter 495. An Act relative to the Use of Torpedoes and Other Explosives by Railroad and Railway Corporations. SECTION 1. It shall be unlawful for a railroad or railway corporation and for any officer or employee thereof to use or deposit a torpedo or other explosive upon or near the tracks of any railroad or railway for the purpose of signalling or otherwise, unless there is plainly and conspicuously stamped or otherwise permanently marked thereon in a manner approved by the board of railroad commissioners a word or words indicating that such torpedo or other explosive is dangerous. SECTION 2. This act shall take effect on the first day of October in the year nineteen hundred and eight. [Approved May 5, 1908. Liability to town for personal injury. 1874, 372, ACCIDENTS. SECTION 242. If, upon the trial of an action against a city or town, the plaintiff recovers damages for an injury to his P. S. 112, § 209. person or property which was caused by reason of a defect in a R. L. 111,264. highway, within the location of a railroad, and if the corporation which owns the railroad is liable for such damages, and has had reasonable notice to defend the action, the city or town. may recover such damages and the costs of both plaintiff and defendant in the action from the corporation. Penalty on engineer, etc., 1837, 226. § 7. SECTION 243. If an engineer, fireman or other agent of a for negligence. railroad corporation is guilty of negligence whereby an injury G. S. 63, $95. is done to a person or corporation, he shall be punished by a fine of not more than one thousand dollars, or by imprisonR. L. 111,265. ment for not more than twelve months. 1874, 372, $161. P. S. 112, § 210. gross negligence SECTION 244. Whoever, having the management of or con- Penalty for trol of a railroad train while being used for the common car- in management riage of persons, is guilty of gross negligence in or in relation 1853, 418. to the management or control thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment $162. for not more than three years. G. S. 63, § 96. 1874, 372, P. S. 112, § 211. damages in crossings, etc. 1881, 199, 120 Mass. 372. SECTION 245. If a person is injured in his person or prop- Liability for erty by collision with the engines or cars of a railroad corpora- case of coltion at a crossing such as is described in section one hundred lision at grade and forty-seven, and it appears that the corporation neglected 1871, 352, to give the signals required by said section, and that such neg- $164. lect contributed to the injury, the corporation shall be liable $$ 2, 5, 6. P. S. 112, § 213. for all damages caused by the collision, or to a fine recoverable R.L. 111,265. by indictment as provided in section sixty-three of Part I, or, 125 Mass. 64. if the life of a person so injured is lost, to damages recoverable 129 Mass. 440. in an action of tort, as provided in said section, unless it is 491. shown that, in addition to a mere want of ordinary care, the 146 Mass. 241. person injured or the person who had charge of his person or 159 Mass. 493. property was, at the time of the collision, guilty of gross or 172 Mass. 98. wilful negligence, or was acting in violation of the law, and 183 Mass. 393. that such gross or wilful negligence or unlawful act contributed 187 Mass. 84. to the injury. 200 Mass. 15. 203 Mass. 455, 463. 210 Mass. 179, 243, 305, 307. 212 Mass. 599. Revised Laws, Chapter 51, § 22. 133 Mass. 383, 145 Mass. 286. 154 Mass. 402. 163 Mass. 132. 186 Mass. 474. 188 Mass. 127, 547. defective 168 Mass. 251. 1908, 305. SECTION 22. A defendant shall not avail himself in defence of any Correction of omission to state in such notice the time, place or cause of the injury or damage, unless, within five days after receipt of a notice, given within 1894, 389. the time required by law and by an authorized person referring to the injuries sustained and claiming damages therefor, the person receiving such notice, or some person in his behalf, notifies in writing the person injured, his executor or administrator, or the person giving or serving such notice in his behalf, that his notice is insufficient and requests forthwith a written notice in compliance with law. If the person authorized to give such notice, within five days after the receipt of such request, gives a written notice complying with the law as to the time, place and cause of the injury or damage, such notice shall have the effect of the original notice, and shall be considered a part thereof. for acts of expressmen. SECTION 246. A railroad corporation shall not be liable to Non-liability any person for personal injuries which may be caused by the acts or omissions of any persons or companies who do an express business over its railroad or of their servants or agents. See R. L. 70, § 8. 201 Mass. 579, 1894, 469, § 3. R. L. 111, § 269. 170 Mass. 464. engine. §§ 9, 10. SECTION 247. Every railroad corporation shall be liable in Loss by fire damages to a person or corporation whose buildings or other caused by property may be injured by fire communicated by its locomo- 1837, 226, tive engines, and shall have an insurable interest in the prop- 1849:83: $101. erty upon its route for which it may be so held liable, and may 1864, 229, § 34. procure insurance thereon in its own behalf. If it is held liable 1874, 372, in damages, it shall be entitled to the benefit of any insurance S. 112, § 214. effected upon such property by the owner thereof, less the cost R 111, § 270. 1871, 381. § 45. § 106. 1895, 293. 13 Met. 99. 4 Cush. 288. 16 Gray, 71. 2 Allen, 331. 6 Allen, 87. 8 Allen, 438. 98 Mass. 414, 422. 103 Mass. 583. of premium and expense of recovery. The money received as insurance shall be deducted from the damages, if recovered before they are assessed; and if not so recovered, the policy of insurance shall be assigned to the corporation which is held liable in damages, and it may maintain an action thereon. 118 Mass. 543. 169 Mass. 398. 181 Mass. 551. 211 Mass. 550. 213 Mass. 10. See 1907, 431. Spark arresters for locomotives. cleared of dry leaves, etc. Acts of 1907, Chapter 431. An Act to provide for the Better Protection from Fire of Woodlands adjoining Railroads. SECTION 1. Every corporation operating a steam railroad within this commonwealth shall, subject to the approval of the board of railroad commissioners, install and maintain a spark-arrester on every engine in its service in which wood, coke or coal is used as fuel, and shall, between Locations to be the first day of April and the first day of December in each year, keep the full width of all of its locations over which such engines are operated, to a point two hundred feet distant from the centre line on each side thereof, clear of dead leaves, dead grass, dry brush or other inflammable material, and shall not at any time leave any deposit of fire, hot ashes or live coals upon its locations in the immediate vicinity of woodlands or grass lands, and shall post in stations and other conspicuous places within its location and right of way such notices and warning placards as are furnished to it for the purpose by the state forester: provided, that nothing in this section shall be construed to prohibit any railroad corporation from piling or keeping upon its location or right of way cross-ties or other material necessary for the maintenance and operation of its railroad. Cross-ties. 1909, 394. 1910, 398. Adjoining land may be cleared, notice. Fire signal, notice. 1906, 463, SECTION 2. Any railroad corporation may, upon giving notice according to the provisions of this section, enter upon unimproved land adjoining any location or right of way upon which it operates engines burning wood, coke or coal, and may there at its own expense and subject to the direction of the forest fireward, or the officer or board having his powers, in the city or town in which the land is situated, clear such land of dead leaves, dead grass and dead wood to a distance of one hundred feet from the tracks, without thereby becoming liable for trespass: provided, that no railroad corporation shall, under the provisions of this section, do any acts on unimproved land outside its location or right of way, unless it has within two months given fourteen days' notice in writing by mail or otherwise to the occupant of the land, and to the owner thereof, if he resides or has a usual place of business in the city or town in which it is situated, and if the land is unoccupied and the owner does not reside or have a usual place of business in the city or town, then, unless the railroad corporation has within two months published notice of its purpose once in three successive weeks in a newspaper published in the county in which the land is situated, and unless it has within three days given at least twenty-four hours' notice to the forest fireward, or the officer or board having his powers, in the city or town in which the land is situated of the location of the land which it intends to enter under the provisions of this section, and of the time at which it intends to enter the same, and provided further, that no notice hereby required shall be valid unless it sets forth the provisions of this section. SECTION 3. Any engineer, conductor or other employee on a train who discovers a fire burning uncontrolled on lands adjacent to the tracks Part II., § 148, shall forthwith cause a fire signal to be sounded from the engine, which shall consist of one long and three short whistle blasts repeated several not affected. |