Boston v. Sprague Energy Corp.

The plaintiff, Boston and Maine Corporation (B&M), appeals and the defendant, Sprague Energy Corporation (Sprague), cross-appeals an order of the Superior Court (Lewis, J.) concerning B&M’s termination of licenses permitting Sprague to utilize pipes crossing over and under B&M’s railroad track. B&M argues on appeal that the trial court erred: (1) when it ruled that Sprague’s commercial petroleum pipes may constitute “suitable crossings or other facilities” within the meaning of RSA 373:1 (1995); (2) when it implicitly ruled that RSA 373:1 requires a railroad to provide crossings or other…