Taylor v. Portsmouth, Kittery & York Street Railway
Supreme Judicial Court of Maine
On Report. Bills in equity heard together, upon bills and proofs, in the court below, upon prayers in the bills for a preliminary injunction, to restrain the defendant from constructing its road over and upon the highway leading through York Harbor, where it was alleged the construction of the same would interfere with the plaintiffs’ rights as abutting owners, and owners of the fee to the centre of the highway.
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On Report. Bills in equity heard together, upon bills and proofs, in the court below, upon prayers in the bills for a preliminary injunction, to restrain the defendant from constructing its road over and upon the highway leading through York Harbor, where it was alleged the construction of the same would interfere with the plaintiffs’ rights as abutting owners, and owners of the fee to the centre of the highway. The preliminary injunction having been denied, the cases were reported to the law court for full and final hearing. ' The principal contentions between-the parties are stated in the…
1Opinion of the CourtHaskell, J.
Bill in equity by the abutting owners of land on a public way to enjoin a railway company from use of the way because such use creates a public nuisance.
Nothing is better settled in this state than that equity will not enjoin a public nuisance on the application of an individual, either in his own behalf or in behalf of himself and others of like interest who either do or do not join in the application, unless some special damage to the individual, not suffered in common with the public generally, has been sustained. Pom. Eq. § 1349, and cases cited. Equity supplements the law, and there is…
2Cited by17 opinions
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
- Foley v. H. F. Farnham Co.Supreme Judicial Court of Maine · 1936
- MacKenna v. Inhabitants of Town of SearsmontSupreme Judicial Court of Maine · 1976
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
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