Providence & Worcester Railroad v. Rivard

Agnes, A.J.

INTRODUCTION

This is a civil action brought by Providence and Worcester Railroad Company (PWRR) against Michael Rivard (Rivard) and Starr Scrap Metal, Inc. (Starr) seeking a preliminary injunction to prevent Rivard and Starr from continuing construction that would block an easement granted to PWRR on the property. After the parties were given an opportunity to present witnesses, they agreed to submit the case on the basis of affidavits. Based on the affidavits I make the following preliminary findings of fact.

FACTUAL BACKGROUND

PWRR owns a land in Worcester, Massachusetts that it has…