Whittemore v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed March 12,1898, to restrain the defendant from removing a spur track at its Roslindale station in Boston. Hearing before Barker, J., who entered a decree, dismissing the bill; and the plaintiffs appealed to the full court, and also alleged exceptions to the refusal to give certain rulings requested. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This is a bill in equity to restrain the defendant from removing a spur track at its Roslindale station in Boston until such time as.it shall appear to this court that its removal is necessary for the accommodation of the business of the defendant corporation. The case was heard by a single *364justice, who made certain findings of fact, refused certain rulings requested by the plaintiff, and ordered the bill to be dismissed. The plaintiffs appealed from the decree dismissing the bill and excepted to the refusal to give the rulings asked for.* The defendant appealed from the findings of fact.
The…
2Cases cited1 opinion
- Hamlin v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
- Nelson v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1930
- Whittemore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- French v. FolsomMassachusetts Supreme Judicial Court · 1902