CHAPTER 160 RAILROADS

Statutes > Massachusetts Statutes > PART I ADMINISTRATION OF THE GOVERNMENT > TITLE XXII CORPORATIONS > CHAPTER 160 RAILROADS

Section 1 Definitions
Section 2 Boston; tribunal acting in place of county commissioners
Section 3 Application
Section 4 Corporation chartered concurrently with another state
Section 5 Corporation or trustees operating railroad of another
Section 6 Purchase of railroad by commonwealth
Section 7 Taking by eminent domain
Section 8 Map and engineer’s report to accompany petition for charter
Section 9 Depositary for plans and profiles
Section 10 Notice of route
Section 11 Limits specified in charter
Section 12 Fixing of route
Section 13 Formation
Section 14 Contents of agreement of association
Section 15 Associates’ authority
Section 16 Publication of agreement of association
Section 17 Application for certificate of public convenience and necessity
Section 18 Map; engineer’s report
Section 19 Submission of map and report to local officials
Section 20 Fixing of route by local officials; certificate fee
Section 21 Fixing of route by department upon failure to agree
Section 22 Spurs, branches and connecting and terminal tracks
Section 23 Certificate of facts of subscription
Section 24 Certificate of compliance; filing; certificate of incorporation
Section 25 Change in amount of capital stock; change of gauge
Section 26 Limit upon time to acquire certificate of incorporation
Section 27 Limit upon time to construct railroad
Section 28 Narrow gauge railroads; paid-up capital stock
Section 29 First meeting of incorporators; notice; waiver of notice
Section 30 Adoption of by-laws; election of directors
Section 31 Managing officers
Section 32 Selection of officers; treasurer’s bond; clerk’s qualifications and duties; terms of office; vacancies
Section 33 Stockholders’ meeting
Section 34 Special meetings
Section 35 Voting by corporation upon its own stock
Section 36 Voting rights of stockholders
Section 37 Meetings of directors
Section 38 Certificate
Section 39 Assessment; failure to pay assessment
Section 40 Collection of assessment
Section 41 Increase of capital stock; purposes
Section 42 Corporation consolidated with one in another state; unauthorized capital stock increase
Section 43 Issue of preferred stock
Section 44 Designation of preferred stock; filing of record of proceedings; contents of certificate
Section 45 Voting power of preferred stock; amount of stock
Section 46 Offer of preferred stock to common shareholders
Section 47 Issue of shares, bonds, notes or other evidences of indebtedness
Section 48 Approval by department of issue
Section 49 Exchange for registered bonds
Section 50 Validity
Section 51 Default on mortgage; contract to allow those in possession to operate
Section 52 Trustees in possession of railroad; annual meeting
Section 53 Trustees in possession of railroad; election and confirmation of trustees
Section 54 Trustees in possession of railroad; jurisdiction of supreme judicial court
Section 55 Purchaser under foreclosure
Section 56 Necessity of payment of par for shares; limit upon capital stock
Section 57 Liability for issuing void stock
Section 58 Use of each other’s railroad
Section 59 Service provided to other railroad; compensation
Section 60 Rates for services for connecting company
Section 61 Foreign railroads’ privilege as connecting road
Section 62 Lease by one connecting railroad to the other
Section 63 Term of lease
Section 64 Taking securities of other corporations
Section 65 Telegraph company stock
Section 65A Holding stock in railroad car and equipment companies
Section 65B Real estate, warehouse, industrial facility, and industrial development companies stock
Section 66 Guaranty of steamship company bonds
Section 67 Associate in formation of grain elevator corporation
Section 68 Acquisition, retention, sale or guarantee of other’s bonds or notes
Section 69 Powers of railroad corporations; aid in construction of branch or connecting railroads
Section 70 Terminal, express and subsidiary companies; interest of railroads in stock and securities
Section 70A Steamship companies, ferries, ferry boats, docks, motor vehicles and aircraft
Section 71 Prohibition after 1907
Section 72 Application for consolidation; notice; hearing; determination
Section 73 Rates and facilities of consolidated railroads
Section 74 Violations; penalties
Section 75 Determination of method of crossing highways
Section 76 Estimate of cost; subscription for capital stock; certificate of compliance
Section 77 Consent to locate within three miles of state house
Section 78 Authorized purchases
Section 79 Filing of descriptions with department
Section 80 Proceedings to fix location of land
Section 81 Change of location
Section 82 Taking of land
Section 83 Taking of land for purposes other than a railroad
Section 84 Lands or rights of other railroads
Section 85 Purposes for change
Section 86 Change of direction
Section 87 Limitation upon tax exemption
Section 88 Prescriptive rights of adjoining landholders
Section 89 Description of locations of railroads; rules and regulations
Section 90 Fencing of railroad property
Section 91 Eminent domain; order securing landowners
Section 92 Enforcement of order securing landowners
Section 93 Fences and gates along length of railroad
Section 93A Fences along railroad tracks in cities and towns
Section 94 Recovery by railroad from person required to fence
Section 95 Grade separation of railroad tracks by agreement
Section 96 Consent for one railroad to cross another or to cross navigable water
Section 97 Highway crossings; obstructions; grade separations
Section 98 Over-passes and under-passes; height
Section 99 Material used to surface bridges and approaches
Section 100 Alteration of grade of highway; decree of county commissioners; security
Section 101 Alteration of course of highway; decree of county commissioners; security; eminent domain
Section 102 Level grade crossing of highway
Section 103 Level grade crossing; rails protected to enable easy passage
Section 104 Proceedings to lay out public way across railroad
Section 104A Building, equipment or machinery moving; duty of railroad; reimbursement of costs
Section 105 Alteration of course of canal
Section 106 Remedy of obstruction or for failure to repair
Section 107 Construction and repair of bridges, approaches and abutments
Section 108 Jurisdiction of county commissioners
Section 109 Separation of private land; order of commissioners relative to crossing
Section 110 Denial of access to private land; order for crossing by department
Section 111 Decisions of commissioners; appeal
Section 112 Proceedings perfecting appeal
Section 113 Appeal; hearing; department’s powers
Section 114 Rights of way across tracks by prescription
Section 115 Construction; additional capital stock; certificate of necessity and convenience; fee
Section 116 Switch connections with private interests
Section 117 Order for switch connection by department
Section 118 Certification by department
Section 119 Filing of map and profile, tables of grade and curvature and statement of characteristics
Section 120 Draw tender
Section 121 Position of bridge when not in use
Section 122 Passage of vessels
Section 123 Signals indicating position of bridge
Section 124 Gates
Section 125 Precautions taken by engineer
Section 126 Violations; penalty
Section 127 Penalties
Section 127A Drawbridges; department; exemption of railroad from compliance with law
Section 128 Abandonment of passenger station
Section 128A Discontinuance of passenger service; hearing; notice; decision of department
Section 129 Relocation of passenger stations and freight depots
Section 130 Signs indicating way stations
Section 131 Compensation for use of station, railroad or grounds of one company by another
Section 131A Application of business corporation to acquire, own and operate terminal facilities; notice; hearing; approval
Section 132 Safety switches
Section 133 Protection of employees; blocking of frogs, switches and guard rails
Section 133A Switch stands, lighting
Section 134 Bridge guards
Section 134A Distance between sets of tracks, structures or obstructions; exemptions
Section 135 Stopping of trains at grade crossings
Section 136 Grade crossings; rules and regulations
Section 137 Grade crossings; interlocking signals
Section 138 Warning to public
Section 138A Warning devices at crossings
Section 139 Regulation by department of use of warning devices
Section 140 Signs protecting public ways
Section 141 Signs protecting a traveled place
Section 142 Signs erected by municipalities
Section 143 Signs erected by municipality; duty to supply
Section 144 Release of railroad or municipality from duty to provide signs
Section 145 Violations; penalties
Section 146 Damaging warning signs; penalty
Section 147 Gates or flashing lights at crossing of railroad and public way
Section 147A Reflectorizing of signs, etc., at crossings
Section 148 Failure to erect signs or install gates or lights; penalty
Section 149 Signals at crossing of railroad above highway level
Section 150 Obstruction of view by standing wood; petition for removal; payment for damages
Section 151 Obstruction of public way by railroad; penalty
Section 152 Reasonable use of crossing; regulation by department
Section 153 Type of power used to operate
Section 154 Brakes and brakemen
Section 155 Control of brakes by engineer; inspection
Section 156 Safety couplers on freight cars
Section 157 Use of car not equipped with automatic couplers
Section 158 Grab irons
Section 159 Standard height of draw bars for freight cars
Section 160 Violations; penalty
Section 161 Trains composed of four-wheel cars; application
Section 162 Extension of time for equipment
Section 163 Tools and devices carried on trains
Section 163A Track motor cars; windshield with cleaning device and canopy
Section 163B Passenger cars; safety windows and doors
Section 164 Repealed, 1930, 211, Sec. 2
Section 165 Passenger, mail or baggage car; heating devices
Section 166 Passenger cars; illuminating oil or fluid
Section 167 Platform gates
Section 168 Testing of locomotive boilers, rolling stock or other equipment
Section 169 Vacuum brakes; mufflers
Section 170 Safety valves; mufflers
Section 171 Failure to equip with mufflers; penalty
Section 172 Reasonable passenger accommodations
Section 172A Drinking water and sanitary toilet facilities on locomotives or cabooses
Section 173 Women or children in smoking cars
Section 174 Drinking water in railroad cars
Section 175 Failure to provide drinking water; penalty
Section 176 Other necessary appliances
Section 176A Track motor cars; lights
Section 177 Caps and badges
Section 178 Eye examinations
Section 179 Engineer; experience
Section 180 Conductor; experience
Section 181 Violations of experience requirements for engineers and conductors
Section 182 Experience of engineer and conductor; exceptions
Section 183 Penalty for violation of experience requirements for engineers and conductors
Section 184 Rest days
Section 185 Change in number of train crew; regulation by department
Section 185A Repealed, 1955, 669, Sec. 3
Section 186 Determination by railroad; revision
Section 187 Reduction of rates
Section 188 Extra charges for ticket purchased at place other than ticket office
Section 189 Mileage tickets; detaching coupons
Section 190 Commutation tickets
Section 191 Season tickets; extension of term
Section 192 Season tickets; reimbursement for additional fares
Section 193 Sale of season tickets to express messengers; release of liability for personal injury
Section 194 Baggage checks
Section 195 Baggage stored over week end
Section 196 Transportation of bicycles
Section 197 Cheap morning and evening trains
Section 198 Workingmen’s trains
Section 198A Unauthorized sale at less than full fare
Section 198B Unauthorized sale at other than scheduled rate
Section 199 Free passes or reduced rates for public officials
Section 200 Free passes to former employees injured in service of railroad
Section 201 Required upon request
Section 202 Determination of compensation
Section 203 Reopening of proceedings determining compensation
Section 204 Receipts
Section 205 Equal facilities; passengers and property
Section 206 Application of Sec. 205
Section 207 Prompt forwarding
Section 208 Charges for transportation of freight
Section 209 Violations; penalties
Section 210 Freight differential to port of Boston
Section 211 Discrimination in rates
Section 212 Complete service; equal tariffs
Section 213 Tariff
Section 214 Violations; penalty
Section 215 Approval of shareholders; authorization by department
Section 216 Certificate of authorization; filing; notice
Section 217 Rights and liabilities under new name
Section 218 Standing, walking or riding vehicle on railroad property
Section 219 Loitering in station
Section 220 Riding upon train other than as fare-paying passenger or employee
Section 221 Fees for enforcement of Sec. 220
Section 222 Riding or driving animals on railroad
Section 223 Liability for allowing animal on railroad
Section 224 Liability for allowing animal on railroad
Section 225 Malicious injury to railroad; treble damages
Section 226 Obstruction of passing of train
Section 227 Wilfully stopping train
Section 228 Tampering with tools or appliances
Section 229 Defects in highway; liability of city or town; recovery from railroad
Section 230 Repealed, 1974, 252
Section 231 Gross negligence of person in control of train; penalty
Section 232 Neglect of railroad to give signals at crossing; damages; contributory, gross or wilful negligence
Section 233 Non-liability of railroad for acts of expressmen
Section 234 Liability; insurance of railroad and owner
Section 235 Spark arresters
Section 235A Clearing of inflammable material along right of way
Section 236 Clearing of adjoining land; notice of intent to enter
Section 237 Warning of fire given by train crew
Section 238 Extinguishing fire
Section 239 Instruction of employees
Section 240 Entry upon public park or reservation
Section 241 Expense of extinguishing fire; liability of railroad
Section 241A Derailments; removal of wreckage and debris
Section 242 Content; inspection; violations
Section 243 Quarterly statement
Section 244 Lessee to make lessor’s returns
Section 245 Construction; limitations
Section 246 Supervisory powers of department
Section 247 Formation; powers
Section 248 Agreement of association
Section 249 Certificate of compliance
Section 250 Change in amount of capital stock
Section 251 Application
Section 252 Enforcement

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CHAPTER 160 RAILROADS