Boston & Maine Railroad v. Sullivan
Massachusetts Supreme Judicial Court
Bill in equity, to enjoin the defendants from going upon the station premises of the plaintiff company to solicit incoming passengers and their baggage; from interfering with the carrying ont of a contract between the plaintiff and one Williams ; and requiring them to pay damages incurred by their trespassing, and costs.
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Bill in equity, to enjoin the defendants from going upon the station premises of the plaintiff company to solicit incoming passengers and their baggage; from interfering with the carrying ont of a contract between the plaintiff and one Williams ; and requiring them to pay damages incurred by their trespassing, and costs. The bill alleged that the plaintiff was the owner of three station buildings in Lawrence, with the land, adjoining the same, all of which were described ; that on November 13, 1899, the plaintiff made a contract with one Williams to provide means for carrying from the…
1Opinion of the CourtLathrop, J.
There can be no doubt that the defendants illegally trespassed upon the plaintiff’s land, and this was practically conceded at the argument. Old Colony Railroad v. Tripp, 147 Mass. 35. Boston & Albany Railroad v. Brown, ante, 65.
The only question of importance, then, is whether the plaintiff should have resorted to an action at law, as was done in the two cases cited, or whether it is also entitled to maintain a bill in equity. The facts show that the defendants have been guilty of trespasses, which they propose to continue. The ownership of the plaintiff is admitted, and no question of title…
2Cases cited6 opinions
- Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Mills v. New Orleans Seed Co.Mississippi Supreme Court · 1888
- Washburn v. MillerMassachusetts Supreme Judicial Court · 1875
- Musselman v. MarquisCourt of Appeals of Kentucky · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Salim Aoude v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1988
- Pierce v. Stablemen's Local 8760California Supreme Court · 1909
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Driscoll v. SmithMassachusetts Supreme Judicial Court · 1903
27 more not listed; retrieve them via the Exa API.