Trustees of the New York, New Haven & Hartford Railroad v. Tileston & Hollingsworth Co.

This is an action of contract based upon an alleged breach of a written agreement for the construction and maintenance of a railroad sidetrack and providing for indemnification. The case was referred to an auditor whose findings of fact were not to be final. His report was introduced in evidence at the trial, before a judge of the Superior Court sitting without a jury, supplemented by exhibits and oral testimony. The judge found for the plaintiff in the sum of $16,923.86. The defendant took exceptions to the denial of certain motions and requests for rulings. At the request of the defendant…