Boston & Lowell Railroad v. Salem & Lowell Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed on the 14th day of June 1852, by the Boston and Lowell Railroad Corporation, against the Salem and Lowell Railroad Company, the Boston and Maine Railroad, and the Lowell and Lawrence Railroad Company.
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Bill in equity, filed on the 14th day of June 1852, by the Boston and Lowell Railroad Corporation, against the Salem and Lowell Railroad Company, the Boston and Maine Railroad, and the Lowell and Lawrence Railroad Company. The bill alleged that by an act passed on the 5th of June 1830, (Si. 1830, c. 4,) a charter of incorporation was granted to the plaintiffs by the legislature of this commonwealth, (which was set forth at length in the bill,) and by the first section of which John F. Loring and others named, their associates, successors and assigns, are made a body corporate, under the name…
1Opinion of the Court
Shaw, C. J.*
The first question usually considered in cases of equity is, whether the court has jurisdiction ; and it has not been omitted in the present case.
The subject of controversy is a mere naked, incorporeal right, claimed by the plaintiffs, to have and enjoy a right to maintain a railroad, and take the tolls and profits thereof, a right created and granted to them by the government of the State ; and they allege, whether correctly or not is hereafter to be considered, that the defendants have disturbed them, in the enjoyment of this incorporeal right. It is a right or title, which, if…
2Cases cited7 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
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3Cited by3 opinions
- State v. McCookSupreme Court of Connecticut · 1929
- Board of Directors v. Board of TrusteesDistrict of Columbia Court of Appeals · 2002
- Glock v. ElgesNevada Supreme Court · 1916