Emerson v. Boston & Maine Railroad
Supreme Court of New Hampshire
Bill in Equity, heard upon bill and answer. Transferred from the April term, 1909, of the superior court by Stone, J., who ruled that the bill be dismissed, subject to the plaintiff’s exception. The plaintiff is a stockholder in the Concord & Montreal Railroad, one of the defendants, which railroad was leased in 1895 to the Boston & Maine Railroad.
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Bill in Equity, heard upon bill and answer. Transferred from the April term, 1909, of the superior court by Stone, J., who ruled that the bill be dismissed, subject to the plaintiff’s exception. The plaintiff is a stockholder in the Concord & Montreal Railroad, one of the defendants, which railroad was leased in 1895 to the Boston & Maine Railroad. By one of the provisions of the lease, the lessee agreed to transport the stockholders of the lessor to and from the latter’s annual and special meetings, free of charge. The plaintiff, desiring to attend an annual meeting of his company, has…
1Opinion of the CourtWalker, J.
The question presented by the plaintiff’s exception to the ruling dismissing the bill is whether the provision in the lease of the Concord and Montreal Railroad to the Boston & Maine Railroad, which provides that “the lessee . . . shall transport the stockholders of the lessor to and from their annual and special meetings free of charge,” has been invalidated by chapter 126, Laws 1909, entitled “An act to prohibit free transportation of passengers by carriers.” Section 2 of that act provides that “no carrier shall, directly or indirectly, issue or give any free ticket, free, pass, or free…
2Cases cited6 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Aldridge v. WilliamsSupreme Court of the United States · 1844
- Curry v. Kansas & Colorado Pacific Railway Co.Supreme Court of Kansas · 1897
- Oklahoma City v. Oklahoma Ry. Co.Supreme Court of Oklahoma · 1907
- Dempsey v. New York Central & Hudson River RailroadNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nigro v. FlinnSuperior Court of Delaware · 1937
- Gooden & Clark v. MitchellSuperior Court of Delaware · 1941