Burgess v. Mayor & Aldermen of Brockton

• Decision Date: 28 February 1920
• Parties: BURGESS et al. v. MAYOR & ALDERMEN OF CITY OF BROCKTON.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

235 Mass. 95

126 N.E. 456

BURGESS et al.

v.MAYOR & ALDERMEN OF CITY OF BROCKTON.

Supreme Judicial Court of Massachusetts, Plymouth.

Feb. 28, 1920.

Case reserved from Supreme Judicial Court, Plymouth County.

Petition for writ of certiorari and suit by David C. Burgess and others against the Mayor and Aldermen of the City of Brockton. On reservation by a single justice, in the case of the suit, on the bill, answer, and findings of fact, and, in the case of the petition, on it and the return for the consideration and determination of the Supreme Judicial Court. Decree directed dismissing the bill, and petition for certiorari denied.

The ordinance of the City of Brokton involved in the case reads as follows:

An ordinance further amending chapter XIX of the Revised Ordinances.

Be it ordained by the city council of Brockton as follows:

All licenses now in force or hereafter granted by the city of Brockton or its duly authorized representatives for the transportation for hire by motor vehicles shall be subject to the following rules and regulations in addition to those already established. All rules, orders, regulations and ordinances and parts thereof inconsistent hereby are hereby repealed and annulled.

Section 1. No person, firm or corporation shall engage in the business of operating any motor vehicle for hire under the authority given by chapter 293 of the Acts of 1916 and amendments thereof within or into any part of the city of Brockton without first obtaining from the licensing authorities of said city of Brockton a license for each and every vehicle to be employed by such person, firm or corporation in said business as specified in said act and unless such license for such vehicle is in force according to the provisions of and subject to these regulations.

Sec. 2. No vehicle licensed hereunder shall stop for a longer period than is required to discharge or take on passengers in any public street or place. No such vehicle shall allow more than five minutes to elapse at either terminus of the route over which the same is operated before starting on another trip.

Sec. 3. Every applicant for a license to operate any such motor vehicle shall file with the city or town clerk a written application which shall set forth:--

(a) The fixed termini between which and over which the applicant intends to operate.

(b) The seating capacity of each motor vehicle which it is proposed to operate. If the motor vehicle has been adapted for use as a bus either by converting a freight carrying truck into a passenger carrying vehicle or by reconstructing, modifying or adding to the body or seating arrangement of a passenger carrying motor vehicle, a statement of the seating capacity shall be added.

Sec. 4. Before such license is granted the vehicle shall be inspected by a supervisor of motor vehicles designated by the licensing authorities of said city of Brockton or its authorized representatives and no license shall be issued until such inspection has been made, and report rendered as to strength, seating capacity and proper equipment of such vehicle for safe and efficient operation. After such license has been granted, similar inspection and report shall be made at least once every six months. Every such vehicle shall be maintained at all times in a safe and sanitary condition, and shall be at all times subject to the inspection of the licensing authorities or their duly authorized representatives.

Provided, however, if without any fault or neglect on his part, a licensee is unable to have his motor vehicle inspected within three days from the time an application for a license is made, a temporary license shall be issued to said licensee until said inspection is made, and permanent license granted.

Sec. 5. No person shall drive, operate or be in charge of any such motor vehicle in any street, way, or public place in said city of Brockton without first obtaining, in addition to the chauffeur's license issued by the Massachusetts Highway Commission, an annual license therefor from the licensing authorities of said city of Brockton, unless both of such licenses are in force. No such special license shall be granted to any person who is under the age of twenty-one years or who has not demonstrated to the satisfaction of said licensing authorities his ability to drive the vehicle proposed to be operated by him, and his familiarity with the motor vehicle laws of the commonwealth, with the rules and regulations herein prescribed and with the street traffic regulations of said city of Brockton or who has failed to pass such examination as to his qualifications as said licensing authorities may require. No license shall be issued until said licensing authorities or their duly authorized representatives are satisfied that the applicant is a proper person to receive it. Said licensing authorities at the time of issuing said license shall deliver to the licensee a metal badge properly inscribed, which badge shall be worn in a conspicuous place on the outer garment of the licensee at all times when he is driving or in charge of any such motor vehicle in any street or public place; and said licensing authorities shall also deliver to the licensee an identification card, stating thereon the number of the license, the licensee's age, height, weight, color of hair, color of eyes, and the term of the license. No such licensee shall permit any other person to wear such badge, nor shall any person wear the badge of any other licensee while driving or in charge of any motor vehicle in any street or public place. Said identification card shall be carried by the licensee at all times while operating or in charge of any such motor vehicle in any street or public place. Every person while driving or in charge of any such motor vehicle while in any street or public place, shall carry the license for such vehicle and at any time when requested by any police officer, he shall show him such license and said identification card.

Sec. 6. No such motor vehicle shall be used or operated without a printed sign thereon plainly stating the termini of the route to be traversed by said vehicle, together with printed metal signs displaying the license number of said vehicle attached to the front and sides thereof, the same to be printed in numerals not less than three inches in height and one-half inch in width.

Sec. 7. No license for the operation of any such motor vehicle, shall be issued or granted for a period exceeding one year and shall not become operative until the license named therein shall deposit with the treasurer of the city of Brockton security, by bond or otherwise, approved by the city treasurer, conditioned to pay any final judgment obtained against the principal named in the bond for any injury to person or property, or damage for causing the death of any person by reason of any negligent or unlawful act on the part of the principal named in said bond, his or its agents, employés or drivers, in the use or operation of any such vehicle. The security deposited under the provisions of this paragraph shall be in the sum of five hundred ($500) dollars for a motor vehicle having a seating capacity of five (5) persons or less, and for a motor vehicle having a seating capacity of six (6) or more, in the sum of five hundred ($500) dollars and one hundred ($100) dollars additional for each passenger seat in excess of five (5), provided that any licensee who files with the city clerk a certificate from the city or town clerk in any city or town in which said motor vehicle is duly licensed to operate, setting forth that said licensee has filed in said city or town a bond which is in accordance with the provisions of this paragraph, shall be exempted from filing any further bond.

Sec. 8. The license issued for the operation of such motor vehicle shall designate the number of passengers, exclusive of the operator, the licensee is authorized to carry in said vehicle, and no person driving or in charge of said vehicle shall take on or suffer or permit any more persons to ride or to be carried thereon at any one time than the number designated in the license, nor permit any person to stand inside, or to stand or sit upon any running board, step fender, dash or hood thereon, or to permit any person to ride on such motor vehicle outside the body thereof; provided, however, that in addition to the number of passengers with said motor vehicle by the terms of its license is permitted to carry, children under seven (7) years of age may be carried therein, in arms, or seated on the laps of parents or adult persons accompanying them, but no passenger with a child in arms or seated on the lap shall be permitted on any front seat of the vehicle.

Sec. 9. The licensee shall not reconstruct, materially alter, modify or add to the body or seating arrangements of any such motor vehicle after the license thereof is issued without first applying for and receiving the consent of the licensing authorities.

Sec. 10. No license shall be transferable or applicable to any other motor vehicles than those specified therein, provided, however, that the licensing authorities may, upon application filed with the city or town clerk, revise said license in accordance with the provisions of these regulations, so that under said license as revised, another motor vehicle may be substituted for one previously covered.

Sec. 11. No licensee shall charge, or demand, a greater or less or different compensation for the transportation of passengers or for any service in connection therewith than the rates, fares and charges now in force.

Sec. 12. No person operating any motor vehicle so licensed shall refuse to carry any person offering himself or herself at any regular stopping place for carriage, unless the seats of such vehicle are fully occupied, or unless such person is in an intoxicated condition, or conducting himself in a boisterous or disorderly manner or is using...