J. B. Brown & Sons v. Boston & Maine Railroad
Supreme Judicial Court of Maine
In equity. On report. Bill in equity brought by the plaintiff corporation to compel the specific performance of an undertaking on the part of the defendant, created by a reservation in a deed of land, to construct and maintain an overhead street crossing suitable for foot passengers and teams. Heard on bill, answer, replication and evidence before the Justice of the first instance.
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In equity. On report. Bill in equity brought by the plaintiff corporation to compel the specific performance of an undertaking on the part of the defendant, created by a reservation in a deed of land, to construct and maintain an overhead street crossing suitable for foot passengers and teams. Heard on bill, answer, replication and evidence before the Justice of the first instance. At the conclusion of the evidence, the cause was reported to the Law Court for determination. •The case is stated in the opinion.
1Opinion of the CourtWhitehouse, J.
This is a bill in equity brought by the plaintiff corporation to compel the specific performance qf an undertaking en the part qf the defendant, created by a reservation in a deed of land, to construct and maintain an overhead street crossing suitable for .foot passengers and teams. The case was reported for the determination of the Law Court upon bill, answer and replication, and so much of the evidence reported as is legally admissible.
John B. Brown of Portland, the plaintiff’s predecessor in title, was the owner of a tract of land in Portland over which the right of way of the Maine…
2Cases cited6 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Curran v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1874
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
- Washington Irr. Co. v. KrutzCourt of Appeals for the Ninth Circuit · 1902
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3Cited by9 opinions
- May v. Midwest Refining Co.Court of Appeals for the First Circuit · 1941
- Gilson v. GilliaCourt of Appeals of Tennessee · 1958
- Clarke v. DiPietroSupreme Judicial Court of Maine · 1987
- Ludington v. LaFreniereSupreme Judicial Court of Maine · 1998
- Fortin v. WilenskySupreme Judicial Court of Maine · 1947
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