The Portland daily press., 1873-03-19
Supreme Judicial Court.

William Stroud and owners. On trial.
Putnam Bradbury.
Supreme Judicial Court.
IN CHAMBERs-BEFoRE JUDGE VIRGIN.
TgEsDAY.-Boston s. Maine Railroad Company,
pers. for an injunction, Maine Central Railroad
Company.
The following is an abstract of the bill: ..
First That pursuant to the act of February II,
1871, the B. 6 M. Railroad have constructed their ex
tension to the Walker House in Portland.
Second. That the Kennebec & Portland Railroad
Co. chartered April l, 1885, were bound to receive
from any other company approaching to any por
ton of that road any person and freight and trans
port the same to any point their road on the pay
ment or offer Of rate of tolls established by said
company for the portion of their road providing
the connecting road would do the same.
Third. By act Of April H. 1857, passed by consent
ofthe X. & F. Railroad, that company was made
subject to all general laws relating to railroads,
which act was accepted by the stockholders of the
p Railroad Co. appears by the certificate of the
Secretary of State.
Fourth. Subsequently at time unknown, the P.
& X. Railroad Co. succeeded to and became owners
of all the rights, &C., of the K. s. P. Railroad and
subject to all its duties and obligations, and among
them the duty Of receiving and transporting persons
and freight, and subject to all general laws of the
State.
Fifth That the P. & K. altered their location in
Portland SO as to extend near the junction of Clark
and West Commercial streets where they located and
now maintain passenger and freight stations. That
the Boston 6 Maine extension approaches near and
the P. G. X. in Portland at point 5000 feet
westerly from the p g. K station and continues cas-
terly to the Walker House station.
Sixth. That the p g. X. road is managed by the
Maine Central Railroad Co. subject to all the atore-
said duties, &c. -
Seventh. That many passengers and large amount
offeght passing to and fro between those portions
of Maine reached by the P. g. K. road and many
towns and cities named) in Massachusetts, New
Hampshire and Vermont, the most direct and con-
venent route for which is over the B. g. M. extern
ton; and that public convenience and necessity Of
residents of Maine quire that the Boston s. Maine
route for freight and passengers and use thereof
should not be needlessly obstructed or impeded.
Eighth That is therefore the duty of the Boston
u Maine and of each of said other roads at suitable
point said crossing to receive and deliver pas
sengers and freight to and from trains of each other
and transport the same payment of lawful rates
and the duty of each railroad when passenger train
are due at tho same hour, to await twenty minute
ana afford facilities for passengers to change will
baggage from one train to the other.
Ninth That the Boston & Maine, on March 4tf
inst, notified said other roads that the Boston &
Maine were then running freight trains, would run
isenger trains in two weeks over the extension and
claimed it the duty of said other roads to receive and
deliver to and from the Boston g. Maine near the
crossing passengers and freight and from their reg
ular trains as They rum stop all tne1r
trains for that purpose and there afford opportu-
nifty for passengers to change trains and comply
in all respects with Revised Statutes chap 81 "a
and the Boston G. Maine therefore requested said
railroads to unite with the Boston & Maine in fixing
place of exchange, which they refus to do.
Tenth. That the Boston g. Maine designated suit
able place to stop all trains and to exchange passen-
gers and freight near the crossing 500 feet westerly
thereof alongside said railroad of said ether railroads
and along the switch track of the Boston Maine on
which track the Boston & Maine propose to deliver
and receive passengers and freight and have built
suitable platform and transfer station.
Eleventh That on March 18th inst. the Boston &
Maine commenced running over their extension al
by time table annexed that said other railroads wer
then running as by time table annexed; that Bosto1
& Naive trains. Nos II and 80, running towards
Portland, were arranged to connect at the crossn,
with said other Maine Central trains, Nos and 4
leaving Portland and arriving at said crossing tn
same hour and few minutes sooner; that Boston 6
Maine trains, Nos. 4S and 76, leaving Portland to con
meet at the crossing with their Nos. and 3, comm
towards Portland and arrive few minutes sooner
that all Boston g. Maine trains arranged to be a
crossing in deliver and receive passenger
and allow Boston & Maine cars to remain for tina
purpose-of all which the Maine Central Co. and P
g. K. Co. had notice on March 18th, and the Boston
& Maine then demanded of the other railroads. to stoI
their trains and after the 18th inst. at the
ing and afford passengers opportunity to change and
the same witt freight trains and that the Boston &
hTai,,a do bo.
annexed; and the other railroads on March 18th mott
fed the Boston s. Maine that they would not do it
and all of which they refused to do on March 18th
and did in fact trains Nos and past the cross
ing without giving passengers opportunity to chang
and without stopping at all their outward train No
2, although the Boston g. Maine did stop and will
continue to stop their corresponding trains at tn
crossing for said purposes, and although Boston 6
Maine train No. IT Corresponding with M. c. No. Q
contained numerous passengers destined for thei
outward train.
Twelfth. That the Maine Central and Portland 8
Kennebec roads disclaim that they are holden to d
any Of the things requested by the Boston g. Maine
and claim they have the right to all their train
by the crossing without receiving and deliverin
freight passengers there at any other place thai
at some already established station in Portland.
Thirteenth That all said stations are nearly mil
from the crossing, and not at or near the same; ant
none of them are in connection with the Boston &
Maine road or stations, and cannot be conveniently
except at or near the crossng and the Maine Contra
have refused to allow them to be thus in any othe
way put in connection; that any transfer offreght
passengers, except at near the crossing, would b.
meonvenent, expensive and frequently cause loss o
connecting trains and nuisance to the Boston &
Maine, and all persons going sending freight tt
aud from the Boston G. Maine and to and from til,
the Portland Kennebec; and that all said acts and
'"ea.eneo acts OF the P. & X. and M. C. Cos. have
anu persisted in will constitute great
nuisance and irremediable loss tn the BOSTON &,
"aane anu cause niu'enarious suits and litigation.
The bill then concludes with a PRAYER th.t 9, Y
and Maine Central roads may on oath mako ,nsvo,
to this bill and that their servants agents srcc.s
and assigns may be both perpetually, and pend;ne
this suit enoined from drawing their freight or pas
senger cars by said place. said crossing SO desp
mated FOR exchange Of freight and passengers, an,
transfer station, without stopping there or at som
place near the same, to be fixed by the Court, no
without affording sui able opportunity for exchang
passengers and freight nor without waiting when
ever necessity occurs as by Revised st tutes chap
s24; nor without receiving and delivering passenger
and freight intended for exchange from one road =
the other whenever the passenger trains of each roa
are due at the crossing at the hours and also
all times whenever passengers with baggage or feip
desire or are intended to exchange from one road
the other at near the crossing.
Judge Virgin issued temporary injunction :
prayed for in the BILL the petitioners having filed
bond for the sum of fifty thousand dollars to pay
damages and costs, with N. G. White, President
the Boston s. Maine, and William Hill of North Be
wick as sureties. William L. Putnam Solicitor fl
Petitioners. tL-
Superior Court.
MARCH TERM, BEFORE JUDGE sYMoNps
TUEsDAY.-Albion B. Gee vs.. Frank G. Patterson
Action to recover damages by an alleged Illegal al