Milford Quarry & Construction Co. v. Boston & Maine Railroad

In 1903 the Lovejoy Granite Company owned and operated the Merrill and Stevens quarries, so-called, in Milford. A spur track extended from the defendant’s main line in South Milford to a quarry located near the Lovejoy property and known as the Kittredge quarry. It does not appear whether the defendant owned this track or not. On April 16, 1903, the Lovejoy company entered into a written contract with the defendant whereby the latter agreed “to lay a side track, running from the Kittredge Quarry Track at South Milford, N. H.,” to the Lovejoy company’s quarries, and that company agreed to pay…