The Portland daily press., 1896-05-16
WHAT'S IN A NAME.
There's Lively Law Suit in This
One.

Injunction Asked to Prevent Railroad
Naming One of Its Stations Poland
Springs.
A hearing was held before Judge Wal.
ton in the Supreme court room yesterday
on demurrer to bill in equity,
brought by Hiram Kicker and Sons OF
Poland Spring, against the Portland &
Rumford Falls railroad to enjoin them
from using the name of Poland Springs
for station on its line, just above Dan
vile Junction, and from advertising in
timetables and selling tickets, by the
Rumford Falls road, or by contract with
any other road to Poland Springs. Hon.
Seth NJ. Carter, ESQ.,, and Hon. George
G. Wing OF Auburn and Hon. George ID.
Bisbee OF Buckf1eld appeared for the rail-
way and Hon. Samuel ]. Elder OF Bos-
ton, Hon. A. r. Savage of Auburn and
Hon. William H. Newell of Lewiston for
the Rickers.
Mr. Carter opened the hearing by read
ing the demurrer and then spoke for the
railway. He stated that Poland was the
name of a town, geographical name,
and Poland Spring the name of locality
and that as such no corporation hal the
exclusive right to the use of the name. 1t
was the duty of the defendants in naming
its station to describe the locality. The
law makes no objection to competition in
business so long as there is no fraud.
The naming of d station for town or
locality does not necessarily signify that
1.-THE station is at the exact point named
but rather that it is the nearest station
to the named point. The demurrer dis
closes nothing except a fair and reason
able competition. There is no oompeti-
ton in regard to the hotel business, nor
in regard to the spring water. The rail-
road corporation does not own spring OF
sell drop of spring water. The only
point in which there is competition is
possibly the stage line. If later there
should be any controversy in regard TIC
the shipping Of water from Poland under
tbs name of Poland water, that would be
a matter for the plaintiff to settle with
the parties giving offence and does not
concern the defendants.
Mr.. Elder spoke for the plaintiff. He
stated that the term Poland Spring" is
applicable to the plateau occupied by the
large hotels owned by the plaintiffs, and
the springs there located. For many
years tickets have been sold to Poland
Spring, Danyills junction and from
there by stage to the hotels. The de-
fendhpts corporation now causes to be
issued tickets stamped to Poland Spring
which will not carry the purchasers
direct to the Poland Spring house, but
lands them at q station on the Portland
and Rumford Falls road, two miles from
the hotel. This is plainly an imposition
on the public. and is a great incon-
venience and Embarrassment both to the
public and to the owners of the Poland
Spring property. Then there was also
danger, if the name should be allowed to
be used for locality at a distance from
the present property, of eventually an in,
furious competition both in regard to the
water and hotel business.
Judge Savage also spoke briefly in re-
gard to the imposition on the public oil
the selling of tickets to Poland Spring
by the Rumford Falls road and by other
roads by contract with it. He said that
the Rickers had built up an immense
business and erected a magnificent hotel
which was the pride of Maine, and q
source of much benefit to the territory
surrounding. But the hotel business il
delicate one and every little inoon,
venience is disastrous.
Judge Walton said he thought there
were grave objections to the bill in It'll
present shape on the ground that it wa:
multifarious. 1t claims that the defend
ants should be epjoinsd on three separate
and distinct grounds; first by reason Of
the compliments rights as owners of the
stage line, second their rights as hotel
keepers, and third their rights as sellers
of mineral water. They are not neces
sarily connected, but are sogseparate and
distinct that it is doubtful if they car
be properly joined in one bill.
Mr.. Elder asked the court if in view o.
the fact that this point had not beer
raised by the counsel for the defendant
and had not been argued upon eithel
side, the court would not been oounse
further upon that question Judge
Walton replied that he should be glad tt
have the counsel argue it and they NIGH,
do so in writing and forward their briefs
to him.