Boston & Maine Railroad v. Suncook Valley Railroad

Before proceeding to a construction of the portion of the lease relied upon by the Suncook, it is well to recount the circumstances under which the Maine used the 300 feet of the northerly end of the loop in serving the exchange beginning in December, 1941.

In the said lease the Maine covenanted and agreed, “that the Suncook . . . shall and may peaceably and quietly have, hold and enjoy the said demised premises for and during the term aforesaid, without let, interruption, hindrance or molestation on the part of the Maine. ...” After the desires of the exchange became' known, the Maine sought…