Old Colony Street Railway Co. v. Brockton & Plymouth Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of contract or tort, seeking, under the provisions described in the opinion of a contract between the plaintiff and the defendant relating to the running of the defendant’s cars by the plaintiff’s employees over the plaintiff’s tracks from a certain point in Whitman by a designated route into Brockton, for reimbursement for certain sums paid by the plaintiff in settlement of actions brought against it by reason of the derailment of a car of the defendant alleged…
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Two actions of contract or tort, seeking, under the provisions described in the opinion of a contract between the plaintiff and the defendant relating to the running of the defendant’s cars by the plaintiff’s employees over the plaintiff’s tracks from a certain point in Whitman by a designated route into Brockton, for reimbursement for certain sums paid by the plaintiff in settlement of actions brought against it by reason of the derailment of a car of the defendant alleged to have been caused by an axle which, owing to negligence of the defendant, was allowed to be used in a defective…
1Opinion of the CourtSheldon, J.
The agreement between these parties substantially provided in the first place that when cars of the defendant were operated upon the plaintiff’s tracks in charge of the plaintiff’s servants, the plaintiff should be ultimately liable for all damage *88caused by its negligence or that of its servants, provided that it was not due to faulty construction or lack of repair of the defendant’s cars or the mechanism, machinery or appliances thereof; and the plaintiff agreed, upon certain conditions, to indemnify the defendant for all damages suffered by the latter or for which the defendant should be…
2Cases cited8 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Noonan v. BradleySupreme Court of the United States · 1870
- Merriam v. United StatesSupreme Court of the United States · 1883
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
- Humaston v. Telegraph Co.Supreme Court of the United States · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Talbot v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1933
- Van Dusen Aircraft Supplies of New England, Inc. v. Massachusetts Port AuthorityMassachusetts Supreme Judicial Court · 1972
4 more not listed; retrieve them via the Exa API.