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

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Chambers: A judge's office.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Other entity: includes a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Quorum: The number of legislators that must be present to do business.
  • selectmen: includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing herein shall be construed as affecting the veto power of a mayor of any city. See Massachusetts General Laws ch. 160 sec. 1
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.