Legal Opinion

Providence Steam-Engine Co. v. Providence & Stonington Steamship Co.

Supreme Court of Rhode Island

Decided July 19, 1879PublishedCited by 7 opinions

Bill IN Equity praying for the removal of an obstruction in an alleged street, and for an injunction. The pleadings and an agreed statement set forth the facts as stated in the opinion of the court.

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Bill IN Equity praying for the removal of an obstruction in an alleged street, and for an injunction. The pleadings and an agreed statement set forth the facts as stated in the opinion of the court. The answer contains three defences : 1. That the lay out of the street over public tide-waters, as made by the trustees of the Fox Point Association on tbeir plat, was invalid, 2. That the ownership by the respondents of all the adjacent lots entitled them to close the street as laid out, 3. That the respondents and their predecessors in title had enjoyed uninterrupted, peaceful, actual, and…

1Opinion of the CourtDureee, C. J.

This is a bill in equity to abate a nuisance or obstruction to an alleged street or right of way at India Point in the city of Providence. In 1811 the land on India Point belonged to the Fox Point Association, so called, being vested in trustees for the association. In 1815 the harbor line in front of it was established. In 1816 the trustees caused a plat to be made embracing the upland and the land below high-water mark out to the harbor line, and dividing the entire tract into lots, squares, streets, and gangways, designating the lots,' upward of one hundred and sixty in number, by letters…

2Cases cited1 opinion

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837

3Cited by7 opinions

  1. Robidoux v. PelletierSupreme Court of Rhode Island · 1978
  2. Gammons v. CaswellSupreme Court of Rhode Island · 1982
  3. Greater Providence Chamber of Commerce v. StateSupreme Court of Rhode Island · 1995
  4. Champlin's Realty Associates, L.P. v. TillsonSupreme Court of Rhode Island · 2003
  5. Jackvony v. PowelSupreme Court of Rhode Island · 1941

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