Legal Opinion

Pierce v. Drew

Massachusetts Supreme Judicial Court

Decided October 20, 1883PublishedCited by 77 opinions

Bill in equity against the selectmen of Brookline and the American Rapid Telegraph Company of Massachusetts, to restrain the selectmen from granting to the telegraph company a location for its posts and wires in Brookline. The defendants demurred to the bill for want of equity. At the hearing, before jEndicott, J., a decree was entered sustaining the demurrer and dismissing the bill; and the plaintiffs appealed to the full court.

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Bill in equity against the selectmen of Brookline and the American Rapid Telegraph Company of Massachusetts, to restrain the selectmen from granting to the telegraph company a location for its posts and wires in Brookline. The defendants demurred to the bill for want of equity. At the hearing, before jEndicott, J., a decree was entered sustaining the demurrer and dismissing the bill; and the plaintiffs appealed to the full court. The allegations of the bill appear in the opinion.

1Opinion of the CourtDevens, J.

The facts admitted by the demurrer may be thus stated: The plaintiffs own land on a certain street or public highway in Brookline; they also own a fee in the half of the street which is next to their abutting land.

The defendants are the selectmen of Brookline, and, on the application of the American Rapid Telegraph Company, a corporation organized under the St. of 1874, c. 165,* (Pub. Sts. c. 106, § 14,) for the transmission of intelligence by electricity, are about to grant to that company, under the Pub. Sts. c. 109, a location along said highway for their posts, wires, &c. The bill seeks…

2Cases cited19 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
  3. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  4. Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
  5. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878

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

3Cited by77 opinions

  1. Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
  2. Detroit City Railway v. MillsMichigan Supreme Court · 1891
  3. United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
  4. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
  5. Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884

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

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