Acts of 1907, Chapter 402. of baggage etc. 1906, 463, An Act relative to Street Railway Companies acting as Common Carriers. SECTION 1. A street railway company may become a common carrier Carriers of newspapers, baggage, express matter and freight in such cases, upon and freight, such parts of its railway, and to such extent, in any city or town, as, 1903, 202. after public notice and a hearing, upon the petition of any interested 1904, 441. party, the board of aldermen or the selectmen in such city or town and Part III, § 41. the board of railroad commissioners shall by order approve. If the See 1908, 278. board of aldermen or selectmen to whom such a petition is presented act adversely thereon or fail to act within sixty days from the date of the filing of such petition the petitioner or any interested party may file such petition with the board of railroad commissioners, who shall after public notice and a hearing determine whether public necessity and convenience require the granting of such petition and shall make an order dismissing such petition or requiring any street railway company named in such petition to act as such common carrier in such cases, upon such parts of its railway and to such extent, and under such regulations and restrictions, as in the opinion of said railroad commissioners public necessity and convenience require. Any street railway company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the railroad commissioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions. The authority conferred upon any street railway company by virtue of the provisions of this act may at any time be revoked or terminated in any city or town or upon any part of its railway, by the board of aldermen or selectmen with the approval of the board of railroad commissioners. SECTION 2. Section forty-one of Part III. of chapter four hundred 1906, 463, Part III, § 41. and sixty-three of the acts of the year nineteen hundred and six is hereby repealed." repealed. [Approved May 10, 1907. Acts of 1913, Chapter 223. An Act relative to the Law of the Road. amended. SECTION 1. Chapter fifty-four of the Revised Laws, entitled "Of the R. L. 54, Law of the Road", is hereby amended by adding at the end thereof the following new section, to be numbered five:- Section 5. For the purposes of this act and in construing rules, by-laws and regulations concerning the use and operation of vehicles on the streets and ways in this commonwealth, street railway cars or other cars moving upon rails shall not be considered to be vehicles unless it is otherwise expressly so provided. SECTION 2. This act shall take effect upon its passage. [Approved March 6, 1913. LAND. 1901, 503, R. L. 112, § 29. SECTION 42. Except as provided in this act, and except for Private land. the purpose of reaching its car barns or repair shops, and of §§ 3.4. reaching and providing convenient terminals in parks and pleas- 178 Mass. 300. ure resorts situated upon the line of its railway, and of reach- Amended by ing its freight yards and terminals and of maintaining spurs and See 1908, 266. sidings, and for other purposes incident to performing the business authorized by chapter four hundred and two of the acts of 1910, 551. 301; 1910, 518. 1906, 463, amended. Rights of street railway companies over private land, etc. the year nineteen hundred and seven, a street railway company shall not, unless authorized by special act of the general court, construct or operate any part of its railway outside the limits of a public highway, street or bridge; but a street railway company which, prior to the fourteenth day of June in the year nineteen hundred and one, without special legislative authority therefor constructed any part of its railway upon private land, with the consent of the owners of such land, or upon land leased or purchased by such company, or which prior to said date purchased or leased land for the purpose of constructing its railway thereon, or which prior to said date after public notice and a hearing obtained the approval of the board of aldermen of a city or of the selectmen of a town to the construction of a part of its railway upon private land within such city or town, and prior to said date actually with the consent of the owners of the land began, or obtained their consent to begin, such construction, may construct, maintain and operate its railway upon such private land, subject however to the provisions of this act conferring upon the board of railroad commissioners control over street railways constructed upon private land. Acts of 1910, Chapter 551. An Act relative to Locations of Street Railway Companies upon Private Section forty-two of Part III of chapter four hundred and sixty-three Part III $42, of the acts of the year nineteen hundred and six is hereby amended by inserting after the word "railway", at the beginning of the fifth line, the words: and of reaching its freight yards and terminals, and of maintaining spurs and sidings, and for other purposes incident to performing the business authorized by chapter four hundred and two of the acts of the year nineteen hundred and seven, so as to read as follows: Section 42. Except as provided in this act, and except for the purpose of reaching its car barns or repair shops, and of reaching and providing convenient terminals in parks and pleasure resorts situated upon the line of its railway, and of reaching its freight yards and terminals, and of maintaining spurs and sidings, and for other purposes incident to performing the business authorized by chapter four hundred and two of the acts of the year nineteen hundred and seven, a street railway company shall not, unless authorized by special act of the general court, construct or operate any part of its railway outside the limits of a public highway, street or bridge; but a street railway company which, prior to the fourteenth day of June in the year nineteen hundred and one, without special legislative authority therefor constructed any part of its railway upon private land, with the consent of the owners of such land, or upon land leased or purchased by such company, or which prior to said date purchased or leased land for the purpose of constructing its railway thereon, or which prior to said date after public notice and a hearing obtained the approval of the board of aldermen of a city or of the selectmen of a town to the construction of a part of its railway upon private land within such city or town, and prior to said date actually with the consent of the owners of the land began, or obtained their consent to begin, such construction, may construct, maintain and operate its railway upon such private land, subject however to the provisions of this act conferring upon the board of railroad commissioners control over street railways constructed upon private land. [Approved May 23, 1910. 1901, 503, § 1. 178 Mass: 300. private land. R. L. 112, 9. SECTION 43. A street railway company, organized under the Location by laws of this commonwealth, or in process of organization there- lease on under, having first obtained the approval of the board of aldermen of the city or of the selectmen of the town in which private land is situated to the construction of its railway thereon, may, for the purpose of avoiding grades and curves in public ways, and for such other purposes incidental to the use of such ways, as the board of railroad commissioners may in the manner hereinafter provided approve, petition said board for authority to construct and maintain parts of its railway or extension thereof upon such private land outside the limits of such public ways. The company in such petition shall set forth the purpose for which such authority is desired in each case, and shall file with the petition a plan, in such form and upon such scale as the board of railroad commissioners may prescribe, of the railway or extension, and of the localities where it is desired to construct the same upon private land, and said board, after public notice and a hearing, if it is satisfied that public necessity and convenience demand that parts of the railway or extension should be built outside the limits of public ways, substantially on the private land selected, and that the approval of the board of aldermen or of the selectmen of the city or town in which the land is situated has been obtained as aforesaid, may authorize the petitioner to construct and operate its railway or extension upon and over private land, and for that purpose to purchase or lease private land or rights therein and thereover, in such cases and to such extent as said board is of opinion that public necessity and convenience in the construction and operation of the railway or extension require. Said board in granting such authority may determine the kind of construction to be used, the grade and alignment of the tracks, and may order such special appliances to be furnished and such safeguards to be adopted in the construction and operation of the railway or extension upon private land as, in its judgment, regard for public necessity, convenience and safety demands. construction or private land. SECTION 44. A street railway constructed upon private land Regulation of shall not be opened for public use until the board of railroad operation on commissioners, after an examination, certifies that all laws 1901, 503, § 2. relative to its construction and all requirements of said board R. L. 112, § 10. have been complied with, and that it appears to be in a safe condition for operation. Said board may, at any time after the opening of a street railway for public use, order such changes and improvements to be made in the construction and operation of any part thereof upon private land as in its judgment may be necessary for public safety in the use thereof; and such order shall be complied with by the street railway company. Provisions of law applicable. R. L. 112, § 60. SECTION 45. A street railway company, whose railway is 1898, 404, § 5. constructed in part outside the limits of public ways, shall, in respect of the equipment, use and operation of its railway and transportation thereon, be subject to all the provisions of law relative to street railway companies, as fully as if its railway were located wholly within the limits of public ways. Location by eminent domain on private land. 213 Mass. 60. SECTION 46. A street railway company, organized under the laws of this commonwealth, may apply to the board of 1903, 476, § 1. aldermen of a city or to the selectmen of a town in which it desires to take land, for an adjudication that public necessity and convenience require that certain land, or interests in land, as described in its petition, and for the specific purpose therein stated, be taken by such company, to enable it, in constructing its street railway, or extension thereof, to avoid dangerous curves or grades existing in the highways, or for other similar purposes incident to and not inconsistent with its corporate franchise of operating a railway to accommodate public travel in public ways. If the board to which such application is made finds in favor of the petitioner, after such public notice and hearing as are required by law in the case of the grant of locations for street railways in public ways, the company may, upon complying with the provisions prescribed for railroad corporations by section seventeen of Part II, apply to the board of railroad commissioners for a certificate that public necessity and convenience require the construction of the railway between the termini and substantially upon the route fixed by the agreement of association in case of a company organized under the general laws and by the charter of a company created by special statute, or of the extension substantially on the locations already granted therefor, and for approval of the adjudiIcation of the board of aldermen or of the selectmen as to the necessity and reasons for taking land or rights in land in every city or town in which such adjudication has been made. If the board of railroad commissioners, after public notice and a hearing, at which all persons or corporations alleging that they would be injured by the construction of the railway shall be deemed to be interested parties and entitled to be heard, grant the certificate as prayed for, the petitioner may take in any city or town, in the manner provided in the following section, any land or rights in land the taking of which has so been approved by said board. Map, profile, Same subject. 1903, 476, § 2. SECTION 47. A street railway company acting under authority of the preceding section shall be subject to all the provisions of sections seventy-one, seventy-four, eighty-two to one hundred, inclusive, one hundred and one to one hundred and three, inclusive, and one hundred and six of Part II, and, if its railway crosses a public way or another street railway, except where its railway is constructed within the limits of another public way crossing such way or street railway, it shall also be subject to all the provisions of sections one hundred and seven to one hundred and twelve, inclusive, and of sections one hun dred and forty-nine to one hundred and fifty-four, inclusive, of by eminent SECTION 48. A street railway company authorized to con- Location struct its railway at grade across a public way in any place domain, etc. where such crossing is not a part of the crossing of such way 1903, 476, § 3. by another public way, and incident to the construction of the street railway longitudinally within the limits of such other public way, shall, in any proceedings hereafter begun for the abolition of such grade crossing be considered as a railroad corporation under the provisions of sections twenty-nine to fortyfive, inclusive, of Part I, if such company has taken any land or other property under authority of the preceding two sections; and it may bring a petition, or be made a respondent to any petition brought by any of the other parties named in said acts, in the same way and be subject to the same liabilities as if it were a railroad corporation. SECTION 49. The provisions of the three preceding sections Same subject. shall not be construed as enlarging the extent or purposes for 1903, 476, § 4. which a street railway may be constructed or operated outside the limits of public ways as defined and limited in sections forty-two and forty-three. lic ways. R. L. 48, $ 85. SECTION 50. If the city council of a city or a town accepts Reserved the provisions of this section or has accepted the corresponding spaces in pubprovisions of earlier laws, the board or officers authorized to 1894, 324. lay out streets, highways or town ways may, whether any such 191 Mass. 527. street, highway or town way is laid out under the provisions of law authorizing the assessment of betterments or otherwise, reserve spaces between the side lines thereof for street railways. PROTECTION AND MARKING OF WIRES. Revised Laws, Chapter 122, §§ 16, 17. wires in cities 178 Mass. 503. SECTION 16. A person or a corporation, private or municipal, owning Regulations or operating a line of wires over or under streets or buildings in a city concerning or town shall use only strong and proper wires safely attached to strong and towns. and sufficient supports and insulated at all points of attachment; shall 1890: 494: 1 1899, 337, § 1. remove all wires the use of which is abandoned; shall properly insulate 161 Mass. 583. every wire where it enters a building, and, if such wire is other than a 185 Mass. 214, wire designed to carry an electric light, heat or power current, shall attach 218. to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an appliance adapted at all times to prevent a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or of causing fire from entering the building by means of such wire beyond the point at which such appliance is attached; and shall properly insulate every wire within a building which is designed to carry an electric light, heat or power current. |