[Download] "New England Tree Expert Co. v. Russell" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: New England Tree Expert Co. v. Russell
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 10, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
DOLAN, Justice. This suit in equity comes before us on appeals of the defendant from an interlocutory decree overruling his exceptions to the report of a master and confirming the report, and from the final decree enjoining the defendant within a certain territory for a certain period of time, from engaging in the same or any similar line of business as that carried on by the plaintiff. The findings of the master are substantially these: The plaintiff corporation, which was organized about twelve years ago under the laws of the State of Rhode Island, maintains its principal place of business there, and has been duly admitted to transact business in this Commonwealth. Its business consists of 'general arboricultural work' including the trimming, spraying, feeding and moving of trees, tree surgery, line clearance operations and general landscaping work.' Its business has been growing rapidly, and the territory covered by its solicitors and salesmen has been expanding from time to time, so that it now encompasses Connecticut as far west as the Connecticut River, including Hartford and its vicinity, and this Commonwealth as far west as Springfield, with some solicitation beyond that area in Pittsfield and its vicinity. It has done very little business in Vermont, New Hampshire and Maine. Such business as it has done in these States has consisted almost entirely of public work. Public work consists of the clearing of communication and power lines and wires, and of branches of tress for public utility companies and governmental agencies. The greater number of the plaintiff's employees are salesmen who solicit and sell its services from door to door and field men who do the actual work on the trees. During most of its business existence the plaintiff has had a number of competitors. The activities of six of these competitors extend throughout New England. They are particularly active in Rhode Island. The plaintiff has between fifteen and twenty competitors in the 'Boston Metropolitan Area,' five or six competitors are active in and about Worcester, the same number in and about Springfield, ten in Connecticut, three or four in Vermont and four or five in New Hampshire. In Maine there are a great many small local companies which offer the same kind of service as the plaintiff. This condition 'prevails at present.' The plaintiff has branch offices in Boston, Worcester, and Springfield, Massachusetts; in Hartford, Connecticut; Portland, Maine; and Rutland, Vermont. It owns twenty-two trucks, twelve of which are operated from Boston and eight from Pawtucket. The number of its employees fluctuates with the seasons. Besides salesmen and office clerks, it employs from fifty to seventy-five field men from December to April of each year, and from one hundred to one hundred and fifty field men throughout the summer months. In the year 1936 it did a gross business of about $150,000, in the year 1937 a gross business of about $200,000, and in the year 1938 (the hurricane occurred in that year) a gross business of $300,000.