185 Mass. 183 | Mass. | 1904
The plaintiff seeks to recover five cents paid under protest for his fare, demanded by the conductor on one of the defendant’s cars. The defendant corporation was organized under the laws of this Commonwealth, after the St. 1898, c. 578, went into effect. The selectmen of the town of Concord and the selectmen of the town of Bedford, in granting the defendant a location in their respective towns, prescribed conditions as to the fares that might be charged for the transportation of passengers within the limits of the town. The plaintiff contends that the fare charged and collected in his case was in violation of these conditions. The first and most important question before us is whether such a condition could be imposed legally by a board of selectmen in granting a location.
Under the St. 1898, c. 578, § 13, the board of aldermen of a city or the selectmen of a town, in granting a location to a street railway company, may prescribe the manner in which the “tracks
The acceptance by the defendant of the locations granted by these towns did not make valid these conditions as to fares which the towns could not legally impose, nor did it make a contract as to fares between the corporation and the selectmen, or the town. The defendant might, therefore, at least prescribe for its passengers the payment of any fare whicli was reasonable. It is not contended that the fare collected of the plaintiff was more than was reasonable, or more than the company was accustomed to collect from other passengers who were travelling as he was. Indeed, it is contended by the defendant that it has complied with ,the terms prescribed by these towns, according to a proper understanding of them, certainly according to its own understanding of them, and that the charge complained of by the plaintiff was for a through passenger, to whom these conditions were not intended to apply.
We need not consider this contention particularly, as we deem it unimportant. The plaintiff, in his brief, does hot contend that he is entitled to recover, except upon the ground that the conditions imposed as to fares were binding upon the defendant.
Judgment affirmed.