Housatonic Railroad v. Lee & Hudson Railroad
Massachusetts Supreme Judicial Court
Bill in equity by the lessees of the Stockbridge and Pittsfield Railroad Company, alleging encroachments upon the location of its road by the defendant corporation at various points in the towns of Lee, Stockbridge and West Stockbridge, and praying for a. njunction. The case was reserved by Colt, J., for the considt ation of the full court upon the pleadings and the report of a master, and appears in the opinion.
1Opinion of the CourtEndicott, J.
The case finds as a fact that the defendant corporation, professing to act under its charter, has made substantial encroachments upon the actual and recorded location of the Stockbridge and Pittsfield Railroad Company, which endanger the safety of that road.
The defendant, by its charter, had authority to build and maintain a railroad from Lee to West Stockbridge, with all the powers and privileges and subject to the duties and liabilities set forth in the general laws of the Commonwealth relating to such corporations. St. 1871, c. 162. Under this charter the defendant must establish its…
2Cited by35 opinions
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1953
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
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