Chicago, M. & St. P. Ry. Co. v. Clark
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Southern district of New York, entered April 6, 1898, in favor of defendant in error, who was plaintiff below, for §88,084.80, against the Chicago, Milwaukee & St. Paul Railway Company, defendant below.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Southern district of New York, entered April 6, 1898, in favor of defendant in error, who was plaintiff below, for §88,084.80, against the Chicago, Milwaukee & St. Paul Railway Company, defendant below. The judgment was cmorod upon the report of Hon. George Headley, as referee. _ The complaint set forth six separate causes of action. The referee found in favor of the plaintiff' as to part of the claim declared upon in the…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). In March, 1886, a written contract was entered into between the parties, whereby Clark agreed to construct a line of railroad from Ottumwa, Iowa, to Harlem Station (afterwards changed to Randolph’s Bluff), Mo., a total distance of about 202 miles, and the defendant agreed to pay therefor the lump sum of §3,954.,600. The contract is an elaborate one, containing many detailed provisions, which it: will be unnecessary to recite. It provided that the work should be done in accordance with the regulations of the chief engineer, “and in all respects to his…
2Cases cited32 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Ryan v. . WardNew York Court of Appeals · 1872
- Wahl v. . BarnumNew York Court of Appeals · 1889
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3Cited by16 opinions
- Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
- Rhodes v. City of TacomaWashington Supreme Court · 1917
- Grant v. National Bank of AuburnDistrict Court, N.D. New York · 1916
- Hudson River Pulp & Paper Co. v. H. H. Warner & Co.Court of Appeals for the Second Circuit · 1900
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