State v. Boston & Maine Railroad
Supreme Court of New Hampshire
Information in Equity, asking for an injunction to restrain the defendants from demanding or receiving rates in excess of the maximum rates established by law, for the transportation of freight upon and over any of the lines of railroad operated by them within the state under the authority conferred by chapter 100 of the Laws of 1883, chapter 5 of the Laws of 1889, and chapter 156 of the Public Statutes.
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Information in Equity, asking for an injunction to restrain the defendants from demanding or receiving rates in excess of the maximum rates established by law, for the transportation of freight upon and over any of the lines of railroad operated by them within the state under the authority conferred by chapter 100 of the Laws of 1883, chapter 5 of the Laws of 1889, and chapter 156 of the Public Statutes. The defendants filed a demurrer and answer, and the questions of law arising thereon were transferred by Pike, J., from the October term, 1908, of the superior court.
1Opinion of the CourtBingham, J.
This is an information brought by the attorney-general in behalf of the state, in which he gives the court to understand and be informed that the defendants are a public service corporation, operating railroads by virtue of leases or unions made and sanctioned under acts of the legislature passed in 1883 and 1889, and incorporated in the Public Statutes of 1891; that the authority conferred for leasing or uniting under the first act was granted upon the condition that the rates for fares and freights on lines leased or united thereunder should not be increased over those in existence August…
2Cases cited23 opinions
- Newburyport Water Co. v. NewburyportSupreme Court of the United States · 1904
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Interstate Consolidated Street Railway Co. v. MassachusettsSupreme Court of the United States · 1907
- United States v. Union Pacific Railway Co.Supreme Court of the United States · 1895
- Grand Rapids & Indiana Railway Co. v. OsbornSupreme Court of the United States · 1904
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3Cited by10 opinions
- Newport Realty, Inc. v. LynchSupreme Court of Rhode Island · 2005
- Kohler v. United Irr. Co.Court of Appeals of Texas · 1920
- Pueblo v. Fajardo Sugar Co.Supreme Court of Puerto Rico · 1937
- State v. HutchinsSupreme Court of New Hampshire · 1919
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
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