Thayer v. Vermont Central Railroad
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows :— The item in controversy is for sixty-two days works of three men and six horses and carts, at $7,50 per day — $465,00. The services, of the plaintiff embraced in this charge, were rendered in removing earth from section 18 to 19, and were necessary to make grade on defendants road, their being an excess of earth on section 18,…
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows :— The item in controversy is for sixty-two days works of three men and six horses and carts, at $7,50 per day — $465,00. The services, of the plaintiff embraced in this charge, were rendered in removing earth from section 18 to 19, and were necessary to make grade on defendants road, their being an excess of earth on section 18, and a deficiency on section 19 ; that without this removal from section 18 to 19, this excess would have been wasted and…
1Opinion of the Court
By the Court.
The item in controversy in this case, is for sixty-two days work of three men and six horses and carts, at *446$7,50 per day, $465,00. This is claimed, as extra haul of dirt from one section of defendants road, which plaintiff had contracted with S. F. Belknap to build, to another section, by direction of one Newell, an assistant engineer of the company, under the assurance that the company would pay the plaintiff for it.
It is claimed by the defendants, that it does not appear, that plaintiff was not bound to perform this work to finish his, own cantract, and that he has not really,…
2Cases cited1 opinion
- Vermont Central Rail Road v. BaxterSupreme Court of Vermont · 1850
3Cited by7 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Woodruff v. . Roch. Pitts. R.R. Co.New York Court of Appeals · 1888
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- Barker v. Troy & Rutland RailroadSupreme Court of Vermont · 1855
- Vanderwerker v. Vermont Central RailroadSupreme Court of Vermont · 1854
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