28 Temporary disuse by order, etc. 1871, 381, § 26. See § 63. OPERATION OF RAILWAY. SECTION 26. The board of aldermen or selectmen may order a street railway company to discontinue temporarily the use of any tracks within the limits of their city or town, whenever they adjudge that the safety or convenience of the inhabitants requires such discontinuance. Rate of speed, etc. 1871, 381, § 18. 11 Allen, 287. See § 63. See c. 53, § 15; c. 93, § 5. Penalty for vio lation of rules. OPERATION OF RAILWAY. Municipal Regulations.* SECTION 27. The board of aldermen or selectmen may from time to time establish such regulations as to the rate of speed, mode of use of the tracks, and removal of snow and ice therefrom, within their city or town, as the interest and convenience of the public may require. SECTION 28. A street railway company whose servants or agents 1871, 381, § 19. wilfully or negligently violate a regulation established under the preceding section, shall forfeit not more than five hundred dollars for each offence. Company may make regula tions, etc. 1880, 140. SECTION 29. The board of aldermen or selectmen may from time to time make such regulations as to the manner and extent of use of tracks, and the number and routes of cars of any and all companies running over the same, within their city or town, as the interest of public travel may require. Company Regulations.† SECTION 30. A street railway company may from time to time, by its directors, establish regulations for the use of its road and cars, 129 Mass. 351. subject to the approval, revision, or alteration of the board; but this section shall not be construed to deprive the mayor and aldermen of a city, or the selectmen of a town, of the powers herein granted. Sales on street cars by children under ten prohibited. Penalty. Streets may be altered, dis. continued, etc. 1871, 381, § 20. Acts of 1889, Chapter 229. An Act to prohibit Sales on Street Cars by Minors under the age of ten years. SECTION 1. No street railway corporation shall permit or allow any minor under the age of ten years, to enter upon or into any car of such corporation for the purpose of selling or offering for sale newspapers or other articles of merchandise therein. SECTION 2. A street railway corporation violating the provisions of this act shall forfeit the sum of fifty dollars for each offence, to be recovered by any person in an action of tort brought within three months thereafter; and the violation by a servant or agent of such corporation shall constitute a violation by such corporation. SECTION 3. This act shall take effect upon its passage. Streets and Highways. [Approved SECTION 31. Cities and towns may, for any lawful purpose, take up streets or highways traversed by street railways, or may alter or dis The law of the road" does not apply to street railways. See Pub. Sts. c. 93, § 5 For the law in regard to the transportation of explosives on street railways, see Pub, Sts. c. 102, §§ 62-64. OPERATION OF RAILWAY. continue the same as authorized by law, without being liable in damages therefor to a street railway company. paving, 29 Duty of com. pany to repair street, etc. 1871, 381, § 21. 1881, 121, 1. 112 Mass. 57. 130 Mass. 492. 104 Mass. 18. 116 Mass. 420. SECTION 32. Every street railway company shall keep in repair, to the satisfaction of the superintendent of streets, street commissioner, road commissioners, or surveyors of highways, the upper planking, or other surface material of the portions of roads, and bridges occupied by its tracks; and, if such tracks occupy unpaved streets or roads, shall, in addition, so keep in repair eighteen inches on each side of the portion occupied by its tracks; and shall be liable for any loss or injury that any person may sustain by reason of Liability for the carelessness, neglect or misconduct of its agents and servants in the construction, management and use of its tracks. neglect. may recover damages and costs in certain cases. 1871, 381, § 22. 112 Mass. 48. SECTION 33. When a party upon the trial of an action recovers City or town damages of a city, town, steam railroad corporation, or bridge corporation, for an injury caused to his person or property by a defect in a street, highway, or bridge occupied by the tracks of a street railway company, if the street railway company is liable for such See c. 112, § 209. damages, and has had reasonable notice to defend the action, the city, town, steam railroad corporation, or bridge corporation may recover of the street railway company, in addition to the damages, all costs of both plaintiff and defendant in the action. Guard-Rails on Bridges. maintained on bridges. SECTION 34. Every street railway company shall erect and main- Guards to be tain upon every bridge or draw of a bridge crossed by its tracks, suitable guards or railings, suflicient to prevent its cars from running off, and to the satisfaction of the board of aldermen of the city or the selectmen of the town in which such draw or bridge, or any portion thereof, is situated. 1871, 381, § 24. SECTION 35. If a street railway company neglects for sixty days Penalty, to comply with an order of a board of aldermen or selectmen in re- See § 63. spect to such guards or railings, after being duly served therewith, it shall, for each month of such neglect subsequent to said sixty days, forfeit two hundred dollars to the use of the city or town. Car Fenders and Guards. Acts of 1890, Chapter 364. guards for street 1891, 366. An Act relating to Fenders and Guards for Street Railway Cars. [SECTION 1. Street railway companies operating cars propelled by any Fenders and motive power other than horses, shall equip their cars with such fenders and railway cars. guards as may be required by the board of railroad commissioners; and Repealed. said board shall have power from time to time to modify or increase such requirements.] [SECTION 2. A street railway company which, for more than six months Penalty. after being notified as to the kind or kinds of fenders and guards required by the board, operates a car not equipped with such fenders and guards, and propelled by any motive power other than horses, at a speed greater than at the rate of seven miles an hour, shall for each offence forfeit a sum not exceeding fifty dollars.] [Approved June 3, 1890. 30 OPERATION OF RAILWAY. Repeal of 1890, 364. Warning of approach of cars. 1871, 381, § 28. See § 63. 160 Mass. 3, 341. Penalty for obstruction of Acts of 1891, Chapter 366. An Act repealing the Law relating to Fenders and Guards on Street SECTION 1. Chapter three hundred and sixty-four of the acts of the year eighteen hundred and ninety, entitled "An Act relating to fenders and guards for street railway cars", is hereby repealed. SECTION 2. This act shall take effect upon its passage. [Approved June 3, 1891. Car Signals. SECTION 36. The board of aldermen or selectmen may establish such regulations, requiring the driver or conductor to give notice or warning of the approach of street cars, as shall in their opinion best secure the unobstructed use of the tracks and the free passage of the cars. Obstruction of Railway or Street. SECTION 37. Whoever wilfully and maliciously obstructs a street 1871, 391, § 29. railway company in the legal use of a railway track, or delays the passing of the cars or railway carriages thereon, or aids in or abets. 160 Mass. 341. such detention or delay, shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three months. 7 Allen, 573. 159 Mass. 145. for obstruc tion of street. 1871, 381, § 30. 159 Mass. 145. SECTION 38. If a street railway company, its agents or servants, wilfully or negligently obstruct a street or highway, or hinder the 160 Mass. 341. passing of carriages over the same, or wilfully detain the cars of another company having the lawful right to pass thereon, the company so offending shall be punished by fine not exceeding five hundred dollars; and any agent or servant so offending shall be punished by fine not exceeding ten dollars, or by imprisonment in jail not exceeding three months. Power may be such as local board permits. 1871, 381, § 44. Cable system authorized, subject to approval, etc. Safeguards for open cars. Motive Power. SECTION 39. A street railway company may use such motive power on its tracks as the board of aldermen of cities, or the selectmen of towns, through which it is located, may from time to time permit. Acts of 1886, Chapter 337. An Act to authorize Street Railway Companies to use the Cable System as a Motive Power. SECTION 1. Any street railway company, which is now or may hereafter be formed, may, with the approval of the board of railroad commissioners, and of the mayor and board of aldermen of cities and selectmen of towns, The following Resolve was passed at the legislative session of 1894:- RESOLVE PROVIDING FOR AN INVESTIGATION OF THE METHODS USED BY STREET Resolved, That the board of railroad commissioners be and they are hereby directed to investigate the methods used by street railway companies for the protection of passengers getting on and off open cars, and any other proposed methods for the same purpose, and report the results of such investigation to the next general court. [Approved May 12, 1894. Fenders and Wheel Guards. Acts of 1895, Chapter 378. scribe fenders and wheel An Act relative to Fenders and Wheel Guards on Street Railway Cars. SECTION 1. Street railway companies operating cars propelled by any Board to premotive power other than horse power shall equip their cars, when in use, with such fenders and wheel guards as may be required by the board of guards. railroad commissioners, and said board shall have power from time to time to modify its requirements. to give notice of require SECTION 2. It shall be the duty of said board, within three months after the passage of this act, to notify street railway companies doing business ments. in this Commonwealth of its requirements under the preceding section, and any such company neglecting, for a period of three months after such notification, to comply with such requirements shall forfeit a sum not exceeding Penalty for noncompliance. fifty dollars for each day that such neglect continues. [Approved May 14, 1895. Heating of Cars. Acts of 1895, Chapter 136. An Act relative to the Heating of Street Railway Cars. SECTION 1. The board of railroad commissioners shall require street Heating of cars. railway companies to heat such cars when in use by them for the transportation of passengers, at such times, by such means and to such extent, as said board shall determine. SECTION 2. Every street railway company shall forfeit twenty-five dol- Penalty. lars for each trip run by any of its cars not heated as provided in section one, except in case of accident to the heating process or apparatus. SECTION 3. It shall be the duty of the district police to see that the pro- Enforcement. visions of the preceding sections are enforced. SECTION 4. This act shall take effect on the first day of November in When to take the year eighteen hundred and ninety-five. [Approved March 16, 1895. effect. Consent required for grade crossing. by whom given. Railroad commissioners. Special commissioners. [See page 31, section 40, etc.] Grade Crossings of Railways with Railroads. Acts of 1895, Chapter 426. An Act relative to Crossings of Railroads and Street Railways at SECTION 1. No street railway shall hereafter be constructed across the tracks of any railroad at the same level therewith without the consent of the railroad commissioners, or of a board of special commissioners appointed as hereinafter provided; nor shall any railroad hereafter be constructed across the tracks of any street railway without such consent. SECTION 2. The corporation desiring to construct a street railway across the tracks of a railroad or a railroad across the tracks of a street railway at the same level shall have the right to elect whether the right so to cross shall be decided by the railroad commissioners or by a board of special commissioners, and upon such election its right to apply to the other board shall cease. If it elects a board of special commissioners it may apply by petition to the superior court for the county in which the proposed crossing is situated, or some justice thereof, in term time or vacation, and thereupon such court or justice, after notice to all parties in interest and a hearing, appointment, shall appoint a commission of three disinterested persons who, after hearing the parties, shall determine whether the public convenience and safety reasonably require a crossing on the same level at the place prayed for, and if so, how the same shall be constructed, and shall make return thereof to the court within thirty days after the close of the hearing; and such return, when accepted by the court, shall be final between the parties. Compensation shall be allowed and paid to said special commissioners in like manner as in the case of auditors or referees who are appointed by the supreme judicial court. etc., of. compensation of. Certain crossings excepted. Provisos. SECTION 3. This act shall not affect any case where permission has been granted prior to the passage of this act for a street railway to cross a railroad: provided, said street railway shall be actually constructed across said railroad within twelve months after the passage of this act; and provided, further, that the foregoing proviso shall not affect any case in which the street railway is in process of actual construction at the time of the passage of this act. SECTION 4. This act shall take effect upon its passage. [Approved May 29, 1895. |