Rhode Island Locomotive Works v. Empire Lumber Co.

Simmons, Justice.

Two locomotives were purchased by the Empire Lumber Company from the Rhode Island Locomotive Works, under a written contract of conditional sale, reserving title in the vendor until the whole of the purchase money should be paid, and were placed upon the Macon & Dublin railroad and there used by the railroad company for the purpose of hauling logs for the lumber company, until taken charge of as a part of the latter’s assets by a receiver appointed on the petition of certain of its creditors. The locomotive works filed an intervention and claimed title to the locomotives, a…