Northern Pac. Ry. Co. v. Twohy Bros. Co.

DENMAN, Circuit Judge.

Appellant railway company appeals from a judgment in favor of appellee, railway building contractor, awarding damages for two breaches by the railway of a contract under which the contractor was to do the work of construction and during construction the commercial haulage upon a branch line railway. The branch, some forty-one miles long, extended from Orofino, Idaho, to a destination called Headquarters in a pine-forested area, which the road was to penetrate, and whose logs were to be its principal freight.

Appellee contractor brings a cross-appeal, later considered.

A.…