General Laws of Massachusetts (Last Updated: January 16, 2020) |
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 |