The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-01-04
POLAND SPRINGS.
Paper Filed In Very Important Equity
Suit

The papers in very important equity
suit were filed with Clerk Hanson of the
supreme court at Auburn Thursday after
noon. 1t is an oCtgrowth of the trouble
OF a year ago between the Portland and
Rumford Rails railway and Messrs.
Hiram Kicker & Sons of Poland Spring.
The bill in equity is brought by Hiram
Kicker % Sons against the railroad COM
pany to restrain them from the use of the
words poland Spring. and Poland
Spring junction In connection with the
stations ON their road,
The bill, in substance, recites that yalua-
Die property is owned by the Rickers at
Poland Springs, the fact that for upwards
OF 80 years private hotel and now two
hotels of great value. have been located
on the 400 acres tract, besides the spring
whose water for 30 years has had great
medicinal and commercial value, and
whose names of HPolapd SpringaaWater, -
Poland Water" Natural Spring
Water South Poland, Maine have
been valuable trademarks. The great
tract of land is known all over the United
States as Poland Spring. All the great
railroads and steam boat lines for ten
years have b, en- in the habit of using
coupon tickets stamped 'sPoland Spring.
or Poland Springs designating the
plaintiffs property and contracting to
carry passengers to it, and the travelling
public has been in the habit of purchas-
ing said tickets with the understanding
that the contract for transportation termi-
mated at said property and not elsewhere.
The plaintiff says that for many years
stage line has been operated through
outathe year from its property to Dan
vile junction on the linesof the Maine
Central and Grand Trunk railways, re-
ceivlng from such companies all passen-
gers holding tickets to Poland Spring,
and that said coupons have been received
by it in payment for transportation on
said stage line, and it has assisted in
building a stage road from Danville
junction TO Poland Spring." of great
value i'll connection with the hotel and
spring water privileges.
The plaintiff says the defendant corpor-
alton has constructed single track rail
road from Mechanic Falls to point on
the line of the Maine Central and has
erected at point about two miles from
the petitioners hotel properly station
and has named 1T "Poiand Spring..
There is no house, shops or settlement at
or near said station requiring the exis-
tence of said station or any inhabitants
whose convenience would be served there
| by. Said railroad company has laid out
and fitted up several acres in the vicinity
of said station as picnic ground. That
at the junction of its road with the Maine
Central a station has been erected called
Poland Spring Junction The plain
tiff says that in its time tables and ad-
vertisements defendant represents and
n 10 inf Tn hr rI1b1 liz hot ifc roi1
runs directly to plaintiffs property, and
although showing and advertising that
other points are to be reached from it's
railroad only by stage connections, it
does not show or in any measure indi-
cate that Poland Spring can only be
reached from tho station called poland
Spring" by carriage or other conveyance,
and the public has been and still is liable
to be deceived and misled thereby ard
the petitioner is thereby peculiarly and
directly injured in its properties there
by.
The plaintiff says that defendant has
contracted with the Maine Central and |
Boston & Maine to sell to persons apply
ingsto. their stations tickets with coupons |
thereon stamped "Poland Spring. and |
that persons desiring to visit the plain |
tiff's hotels are misled by the sale of |
such tickets, and supposing themselves |
to have contracted for transportation to
~ transported to said defendants station,
And the plaintiff alleges that If defend |
ant is allowed and permitted to use said |
name. POLAND Spring water'' in desig-
mating the water coming from it's spring
may be lost or seriously imperilled that |
water shipped from the defendants sta
tion or it's vicinity may be marked with
the name, poland Spring water" and
sold in competition with the water
from the plaintiffs spring under the
same designation, to the deception of the
public and the injury of the plaintiff.
Whereupon the plaintiff prays the hon
orable court to enjoin the defendant to
desst and refrain from the use of the
name POLAND SPRING or ..Poland
Springs" or Poland Spring Junction"
or words of like or similar import upon
their stations, tickets. coupons, circulars,
advertisements and time-t ables, and from
in any way calling said stations or the
locality in their Immediate vicinity by
the names pollard Spring. POLAND
Springs or "Poland Springs junction. "
Attached to the bill is map of the ter
ritory covered by the bill and copy of an
of the Portland and Rum
ford Falls railroad
The court has ordered hearing on the
bill on Tuesday, Feb. 4, next.