Legal Opinion

Burke v. Concord Railroad

Supreme Court of New Hampshire

Decided December 5, 1881PublishedCited by 6 opinions

Bill in Equity, by stockholders of the Concord Railroad Corporation, for an injunction against the performance of a contract made by that corporation and the Boston & Lowell Railroad Corporation for a joint management, for five years, of the line of railroads running from Concord through Nashua and Lowell to Boston. [Copy op the Bill.] Merrimack ss. To the Supreme Court.

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Bill in Equity, by stockholders of the Concord Railroad Corporation, for an injunction against the performance of a contract made by that corporation and the Boston & Lowell Railroad Corporation for a joint management, for five years, of the line of railroads running from Concord through Nashua and Lowell to Boston. [Copy op the Bill.] Merrimack ss. To the Supreme Court. Edmund Burke, of Newport in the county of Sullivan; Edward L. Knowlton, Eliphalet S. Nutter, Horatio G. Belknap, Bradbury Gill, Charles Hall, John H. Pearson, and Charles C. Pearson, all of Concord in said county of…

1Opinion of the CourtDoe, C. J.

The private property of the Concord Railroad Corporation, subject to a public right of transportation, is held in trust by the corporation for the benefit of the stockholders. The corporation is trustee, holding the legal title ; the stockholders are beneficiaries, holding the equitable interest. The plaintiffs, as stockholders, complain that their interests are endangered and their rights violated by illegal management of the trust property. March v. Eastern Railroad, 40 N. H. 548 —S. C., 43 N. H. 515; Zabriskie v. C. Railroad, 23 How. 381, 395; Hawes v. Oakland, 104 U. S. 450; Greenwood v.…

2Cases cited11 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Railway Co. v. McCarthySupreme Court of the United States · 1878
  3. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  4. Greenwood v. Freight Co.Supreme Court of the United States · 1882
  5. Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  2. State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1900
  3. Hogan v. LebelSupreme Court of New Hampshire · 1948
  4. Lakeport National Bank v. LoringSupreme Court of New Hampshire · 1922
  5. Concord & Montreal Railroad v. Boston & Maine RailroadSupreme Court of New Hampshire · 1893

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