New York Central & Hudson River Railroad v. Clarke
Massachusetts Supreme Judicial Court
Contract by the New York Central and Hudson River Railroad Company, a corporation, as the lessee of the Boston and Albany Railroad Company, for $257.96 "for work, labor and material, as shown on the account hereto annexed, together with interest thereon, from the twelfth day of November, 1914, when the same became due and payable.”
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Contract by the New York Central and Hudson River Railroad Company, a corporation, as the lessee of the Boston and Albany Railroad Company, for $257.96 "for work, labor and material, as shown on the account hereto annexed, together with interest thereon, from the twelfth day of November, 1914, when the same became due and payable.” Writ in the Central District Court of Worcester dated December 22, 1914. On appeal to the Superior Court the case was tried before White, J. ' The material facts as shown by the evidence are stated in the opinion. The judge ruled that upon the whole evidence the…
1Opinion of the CourtLoring, J.
In 1834 the defendant’s predecessor in title conveyed to the Boston and Worcester Railroad Corporation, the plaintiff’s predecessor, the land covered by the railroad location now owned by the plaintiff. The location divided the farm then owned by the defendant’s predecessor in title into' two parts. By his deed the defendant’s predecessor agreed that he would and his heirs, executors and administrators should make *276and maintain at all times thereafter a good and sufficient fence or fences or wall or walls “on the boundary lines between my own lands aforesaid and the premises above granted,…
2Cases cited5 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Noyes v. CaldwellMassachusetts Supreme Judicial Court · 1914
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Cheney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Baxter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by5 opinions
- Wasserman v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Gaertner v. DonnellyMassachusetts Supreme Judicial Court · 1936
- Thayer-Foss Co. v. City of WoburnMassachusetts Supreme Judicial Court · 1929
- Johnson v. STATE, HWY. DIV. OF DEPT. OF TRANSPCourt of Appeals of Oregon · 1976
- Johnson v. State ex rel. Highway DivisionCourt of Appeals of Oregon · 1976