Fallon v. West End St. Ry. Co.

• Decision Date: 20 May 1898
• Citation: 50 N.E. 536,171 Mass. 249
• Parties: FALLON v. WEST END ST. RY. CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

171 Mass. 249

50 N.E. 536

FALLON v. WEST END ST. RY. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

May 20, 1898

COUNSEL

Clapp & Glover, for plaintiff.

Geo. H. Mellen, for defendant.

OPINION

MORTON, J.

The plaintiff contends that a street-railway car operated by electricity upon a street-railway track is a "locomotive engine or train upon a railroad," within the meaning of St.1887, c. 270, § 1, cl. 3. So far as any definition has been given by statute to the word "railroad," it has been confined to railroads operated by steam. Pub.St. c. 112, § 1. It is true that this is declared to be the meaning of the word for that and the following chapter, and that in other cases the word has been held to include street railways. Central Nat. Bank of Worcester v. Worcester Horse R. Co., 13 Allen, 105. It is also true that tracks laid for temporary purposes, but used for locomotives operated by steam, and for cars such as are used on steam railroads, have been held to be railroads, within the meaning of the act. But we think that by the words "locomotive engine or train upon a railroad" must be understood a railroad and locomotive engines and trains operated and run, or originally intended to be operated and run, in some manner and to some extent by steam. This, undoubtedly, was the sense in which the words were used by the legislature when the statute was enacted; and we do not feel justified now in giving to them the broad construction for which the plaintiff contends. Possibly, a railroad, when the motive power has been changed in part or altogether from steam to electricity or some other mechanical agency, but which retains in other respects the characteristics of a steam railroad, would come within the purview of the act. It is not necessary, however, to decide that question now. The defendant is a street railway operated by electricity, and running the usual street car in the usual manner. We think that a car belonging to it, and operated in the manner in which cars upon street electric lines usually are, cannot be said to be a locomotive engine or a train upon a railroad, within the meaning of the statute in question. Exceptions overruled.