Rising Sun Street Lighting Co. v. City of Boston
Rising Sun Street Lighting Co. v. City of Boston
Opinion of the Court
The appellant made contracts in writing with the city of Boston to light and extinguish and keep clean and in good condition and repair, all naphtha street lamps used by said city for lighting its streets and places, and to renew mantles as often as necessary to maintain a proper light therefrom, and also to have charge of the gas lanterns used for lighting the streets, and to place Welsbach boulevard lanterns oh posts designated, and to furnish gas for all gas lanterns, and keep them burning the prescribed number of hours, to keep all the lanterns clean and in good repair and condition, and to do certain other things in the performance of these contracts for lighting the streets.
The only question argued by the city is whether the naphtha lamps and fire alarm lanterns owned by the appellant and used by it in the performance of these contracts, are “ personal property . . . leased for profit ” within the meaning of these words in the St. 1889, c. 446. R. L. c. 12, § 23, cl. 2.
We are of opinion that they are not. They were not leased to the city of Boston in any proper sense. They were used in the appellant’s business, and were owned and controlled by it in
Judgment for the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.