The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-23
ONLY ORDINARY PURE WATER.
Rumford Falls ROADS Rejoinder to
the Rickers.
Say Poland Water is Pure Spring Water
Simply and Possesses No Peculiar Prop


Auburn, Me-, March 21.-The Port
land & Rumford Falls railway has filed
it's answer in the clerk office of the Su-
preme Judicial court in the case of Hiram
brought to restrain the company from
the use of the name Poland Springs for
one of its stations, it being alleged that
this was done In q manner to deceive
the public The answer of the defen-
dant is in part as follows:
The defendant admits that there is a
spring of water on said tract of land
known as poland Spring" which water
has been advertised and sold under the
name Of y Poland nd Spring Water, ;,
Spring Water'' by the plaintiff, but de-
PENDANT denies that said water has great
medicinal value or that said water has
qualities peculiar to itself and to no 9TH
or water, and alleges that the water
from the plaintiffs said spring has no
other qualities other than such as are
common to ordinary pure spring water
and are possessed by other springs in the
town of Poland and other parts of Maine,
from the water of which that of the
plaintiffs spring is not distinguishable
The defendant admits that it oonstruc-
| ted it's railroad from Mechanic Falls to
Poland Spring Junction OIL the line of the
Maine Central railroad and that the route
of said railroad and the situation of the
| station in tho vicinity of the plaintiff g
| property and about two miles distant
| therefrom, are correctly represented upon
| map attached to the plaintiffs bill. But
the railroad company alleges that said
road was located in that manner at the
request and upon the solicitation of Ed
Ds4lr. -
| of the property above mentioned which
| is now owned by the plaintiff CORPORA
| tion, of which the said Edward p. Rick
| or is president; that the above mentioned
| station was located as shown upon said
| map at the special request and soliciua-
ton of the said Kicker and in the exact
| position fixed upon by him; that said
| station is situated in the town of Poland
and is nearer to the hotels of the plain
tiff than any other railroad station; that
| said station was built at the request and
| solicitation of the said Kicker partly for
| the accommodation of the said Kicker and
for the shipment of his freight and for the
accommodation of persons desiring to
| visit his said property; that said station
surrounding country, other than that of
the said plaintiff corporation and the
persons visiting it's property; that it is
| point from which large shipments of
| freight are made by persons residing and
doing business in its vicinity.
The defendant denies that it erected,
| named or now controls the station on the
line of the Maine Central railroad
known as Poland Spring Junction.
| The defendant denle, that in it's time
tables and advertisements it represents
and holds out to the public that it's rail
| road runs directly to the plaintiffs prop
erty, but alleges that in its official uime
IL Il
during which persons visit the plaintiff
property it states that the hotels of the
plaintiff corporation are to be reached
by stage from Poland Spring station. 1t
further denies that it has in any way OF
is liable hereafter to deceive or mislead
the public, or that the plaintiff has been
or will be particularly or directly injured.
The defendant says that it is advised
and informed that the plaintiff has no
valid trademark and no right to the ex
elusive use of the words "Poland
Spring." poland Spring Water or
"Poland Springs and that the use of the
same heretofore by the said plaintiff in
connection with the Representations made
Herewith in relation to said water has
been unauthorized, fraudulent and an
imposition upon the public, and that the
aintaining of the station aforesaid IN
der the name Of Poland Spring Station
will not in any manner affect or injure
an legal right of the plaintiff to the use
of said name, and that the same oannot
be of any in jury to the plaintiff.
The defendant further says that the STA
ton referred to in the plaintiffs bill as
"Poland Springs" is in fact known and
designated as POLAND Spring Station"
and not as poland Springs" as the
plaintiff claims
The answer is signed in behalf of the
defendant corporation by its attorneys,
and the names of Messrs White & Garter,
George G. Wing, George d. Bisbee and
Swasey &Briggs appear upon it as solicit
ttrc for tho defendant