Boston & Maine Railroad v. T. Stuart & Son Co.
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing whereby the defendant agreed to “indemnify and save [[the plaintiff] harmless . . . against any and all claims for damages, on account of injury by any act or omission of” the defendant or its servants or agents, resulting to the persons or property of others during the progress of work in abolition of a railroad crossing at grade in Somerville.
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Contract upon an agreement in writing whereby the defendant agreed to “indemnify and save [[the plaintiff] harmless . . . against any and all claims for damages, on account of injury by any act or omission of” the defendant or its servants or agents, resulting to the persons or property of others during the progress of work in abolition of a railroad crossing at grade in Somerville. Writ dated July 18, 1916. In the Superior Court the defendant demurred to a substituted declaration, the demurrer was overruled, and the defendant appealed. The case was heard by Hammond, J., without a jury, upon…
1Opinion of the CourtJenney, J.
This action is before us on a case stated, reported by a judge of the Superior Court under St. 1917, c. 345, without any decision. The facts, so far as material, are as follows:
“The plaintiff and the defendant on June 24, 1912, made an agreement in writing . . . concerning the work to be done and the material to be used” in the elimination of a railroad crossing at grade in Somerville. The railroad corporation was required to abolish this crossing by a decree of the Superior Court, entered under St. 1906, c. 463, Part I, §§29 et seq. The decree ordered a change in the grade of Village Street,…
2Cases cited18 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Hanzes v. FlavioMassachusetts Supreme Judicial Court · 1920
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Shea v. Bay State Gas Co.Massachusetts Supreme Judicial Court · 1981
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- George M. Brewster & Son, Inc. v. Catalytic Construction Co.Supreme Court of New Jersey · 1954
- Lunt v. Aetna Life Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1928
- Shea v. BAY STATE GAS CO. CAMP DRESSER & McKEE INC.Massachusetts Supreme Judicial Court · 1981
39 more not listed; retrieve them via the Exa API.