118 Mass. 391 (Mass. 1875), Housatonic R. Co. v. Lee & H. R. Co.

Citation118 Mass. 391
Opinion JudgeEndicott
Party NameHousatonic Railroad Company v. Lee and Hudson Railroad Company
AttorneyJ. Dewey, Jr., for the plaintiff. A. J. Waterman, (H. J. Dunham with him,) for the defendant.
Judge PanelEndicott, J. Ames & Devens, JJ., absent.
Case DateSeptember 28, 1875
CourtSupreme Judicial Court of Massachusetts

Page 391

118 Mass. 391 (Mass. 1875)

Housatonic Railroad Company

v.

Lee and Hudson Railroad Company

Supreme Court of Massachusetts

September 28, 1875

Berkshire. Bill in equity by the lessees of the Stockbridge and Pittsfield Railroad Company, alleging encroachments upon the location of its road by the defendant corporation at various points in the towns of Lee, Stockbridge and West Stockbridge, and praying for a injunction. The case was reserved by Colt, J., for the consideration of the full court upon the pleadings and the report of a master, and appears in the opinion.

Decree for the plaintiff.

J. Dewey, Jr., for the plaintiff.

A. J. Waterman, (H. J. Dunham with him,) for the defendant.

Endicott, J. Ames & Devens, JJ., absent.

OPINION

Endicott

Page 392

The case finds as a fact that the defendant corporation, professing to act under its charter, has made substantial encroachments upon the actual and recorded location of the Stockbridge and Pittsfield Railroad Company, which endanger the safety of that road.

The defendant, by its charter, had authority to build and maintain a railroad from Lee to West Stockbridge, with all the powers and privileges and subject to the duties and liabilities set forth in the general laws of the Commonwealth relating to such corporations. St. 1871, c. 162. Under this charter the defendant must establish its location according to the provisions of the Gen. Sts. c. 63, §§ 17, 18. No express authority is given in the charter to locate its road within the location of the Stockbridge and Pittsfield Railroad Company, except so far as the third section permits it to enter upon, unite with, and use the road of the Stockbridge and Pittsfield Railroad Company at West Stockbridge. Nor has any authority been given by the plaintiff, as lessee of the Stockbridge and Pittsfield Railroad Company, to enter upon such location, except as appears by several agreements made between the plaintiff and the defendant, permitting the defendant to do so at certain points on the line of the Stockbridge and Pittsfield Railroad Company. The encroachments complained of are at other points than those authorized by the charter and the agreements.

A charter to build and maintain a railroad between certain points, without describing its course and direction, but leaving that to be determined and established by the corporation...

To continue reading

FREE SIGN UP