Bangor, Oldtown & Milford Railroad v. Smith
Supreme Judicial Court of Maine
On Report of the evidence by Appleton, J. This was an Action op the Case for obstructing the plaintiffs in the construction of their track at Oldtown.
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On Report of the evidence by Appleton, J. This was an Action op the Case for obstructing the plaintiffs in the construction of their track at Oldtown. Writ dated Sept. 13, 1858. Plaintiffs introduced their Act of incorporation by the name of Bangor and Piscataquis Canal and Rail Road Company, passed Eeb. 8, 1833; also an additional Act, extending the rights of said Company for ten years, approved July 31,1847; also another additional Act, allowing the Company to take the name of Bangor, Oldtown and Milford Rail Road Company, approved March 14, 1855, all which Acts make a part of the case.…
1Opinion of the Court
*44The opinion of the Court was drawn up by
Kent, J.
The first objection made by the defendant is that no authority is shown to commence this suit.
No motion to dismiss has been made, and no call for evidence on this point. If there had been, the offered evidence shows that the action is entirely for an alleged injury to the corporation and its rights; and the case finds that the plaintiffs offered to prove that they were at work finishing a branch track, and “ that the company were proceeding in the construction of the road,” under direction of its president, when the defendant interposed and…
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