Williams v. East Wareham, Onset Bay, & Point Independence Street Railway Co.
Williams v. East Wareham, Onset Bay, & Point Independence Street Railway Co.
Opinion of the Court
We are of opinion that, on the facts stated in the bill, the plaintiff has an adequate remedy at law. The street railway company is, we think, a corporation authorized to receive toll, within the meaning of Pub. Sts. c. 105, §§ 30-35. In this respect, we cannot distinguish it from a railroad corporation. See Pub. Sts. c. 113, §§ 43 et seq.; Simmons v. Worthington, 170 Mass. 203. The remedy of the plaintiff is therefore by a levy of his execution upon the franchise of the company and upon the rights and privileges of the company thereunder, “ so far as [they] relate to the receiving of toll,” and upon “ all other corporate property real and personal,” and by a sale thereof pursuant to Pub. Sts. c. 105, §§ 31 et seq. After having levied the execu
Demurrer sustained, and hill dismissed.
Reference
- Full Case Name
- Louis C. Williams v. East Wareham, Onset Bay, and Point Independence Street Railway Company & others
- Cited By
- 1 case
- Status
- Published