Fruin-Bambrick Const. Co. v. Ft. Smith & W. R. Co.
U.S. Circuit Court for the District of Western Arkansas
In Equity. This is a suit brought by the Fruin-Bambrick Construction Company (hereafter, for brevity, called the “Construction Company”), against the Ft. Smith & Western Railway Company (hereafter, for brevity, called the “Railroad Company”) upon a contract for the construction of about 120 miles of the railroad of the latter, beginning at section 77, on the Canadian river, in the Indian territory, and extending west to section 193 (both inclusive), at Guthrie, Old.
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In Equity. This is a suit brought by the Fruin-Bambrick Construction Company (hereafter, for brevity, called the “Construction Company”), against the Ft. Smith & Western Railway Company (hereafter, for brevity, called the “Railroad Company”) upon a contract for the construction of about 120 miles of the railroad of the latter, beginning at section 77, on the Canadian river, in the Indian territory, and extending west to section 193 (both inclusive), at Guthrie, Old. The contract on which the suit is brought is. the ordinary railroad construction contract, differing (as they all do, so far as…
1Opinion of the CourtRogers, District Judge
(after stating the facts). The depositions in this case contain more than 1,700 pages of typewritten matter, and the exhibits, books, correspondence, -maps, and other documents in evidence contain much more. The argument occupied more than a week. No general discussion of the facts will be attempted. The volume of the record does not admit of it. I shall content myself with a statement of the conclusions reached as briefly as possible, having regard to the nature of the case, referring to such of the evidence as may be necessary.
First. The case is embarrassed by the fact that Frederick W.…
2Cases cited3 opinions
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Mundy v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1895
- Lewis v. Chicago, S. F. & C. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1891
3Cited by5 opinions
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Walbridge-Aldinger Co. v. RuddCourt of Appeals for the Eighth Circuit · 1928
- East Arkansas Lumber Co. v. SwinkSupreme Court of Arkansas · 1917
- United States ex rel. Jennings v. CookeDistrict Court, E.D. Washington · 1913
- E. E. Smith Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924