Chapter 161

Section 86. If a company voluntarily discontinues the use of any part of its tracks for a period of six months, it shall become obligated to remove such track at such time or times as the municipal or state authorities having control of the public way or ways occupied thereby sha…

Section 87. The aldermen or selectmen may order a company to discontinue temporarily the use of any tracks within the limits of their city or town, if they determine that public safety or convenience so requires.

Section 88. A city or a town which, for any lawful purpose, takes up, alters or discontinues public ways in which the tracks of a company are located, shall not be liable in damages therefor to said company.

Section 89. A company shall not be required to keep any portion of the surface material of public ways and bridges in repair, but it shall remain subject to all legal obligations imposed in original grants of locations, and may, as incident to its corporate franchise, and without…

Section 9. When it is shown to the satisfaction of the department that the requirements of this chapter preliminary to the incorporation of a company have been complied with, and that locations have been obtained for a railway between the termini and substantially over the route …

Section 90. If, upon the trial of an action against the commonwealth, a city, town, railroad corporation or bridge corporation, the plaintiff recovers damages for an injury to his person or property caused by reason of a defect in a public way or bridge occupied by the tracks of …

Section 91. Every company shall, in a manner satisfactory to the department, erect and maintain guards or railings upon every bridge, or draw of a bridge, crossed by its tracks, to prevent its cars from running off. If, for sixty days after service on it of an order of the depart…

Section 92. If a street railway crosses at the same level a steam railroad where locomotive engines are in daily use, every motorman of a car upon the street railway shall, when approaching the point of intersection, stop his car within one hundred feet of the crossing; but the d…

Section 93. The board of aldermen or the selectmen may, subject to the approval of the department, establish such regulations, requiring the motorman or conductor to give notice or warning of the approach of street cars, as they deem will best secure the unobstructed use of the t…

Section 94. Whoever wilfully obstructs a company or the Massachusetts Bay Transportation Authority in the legal use of a railway track, or delays the passing of its cars thereon, or wilfully obstructs a company or the Massachusetts Bay Transportation Authority in the legal use of…

Section 94A. Whoever places or throws filth, rubbish or any other substance within a station, waiting room, or terminal of a public transportation facility, or upon the platform, stairs, grounds or on other premises of a public transportation facility, after having been forbidden…

Section 95. Whoever without right enters, remains in or loiters within a station, waiting room, or terminal of a public transportation facility, or upon the platform, stairs, grounds or other premises of a public transportation facility, after having been forbidden so to do eithe…

Section 96. If a company, its agents or servants, wilfully or negligently obstructs a public way or bridge, or hinders the passing of vehicles over the same, or wilfully detains the cars of another company having the lawful right to pass thereon, such company shall be punished by…

Section 97. If a company, its agent or servant, allows a child under ten years to enter upon or into any of its cars for the purpose of selling newspapers or other articles therein or offering them for sale, it shall forfeit fifty dollars, to be recovered by any person by an acti…

Section 98. A company shall equip its cars, when in use, with such headlights, fenders, wheel guards, brakes, and other safety devices, and shall provide such protection, human or otherwise, at its station platforms, as may be required from time to time by the department.

Section 99. All street railway cars operated in the commonwealth shall be equipped with an emergency lifting jack and with such other emergency tools as may be approved by the department. Any company, its officers or employees, operating a street railway car in the use of which t…