Boston Water Power Co. v. Gray
Massachusetts Supreme Judicial Court
This was an action of covenant broken. Tn the year 1836, the plaintiffs and the Boston and Roxbury Mill Corporation, of the first part, and' the defendant and the Boston Iron Company, of the second part, made and executed the following indenture: “ Whereas the said Bostón and Roxbury Mill Corporation heretofore leased and demised to said Horace Gray, for a term of years yet unexpired, certain water powers and other premises described in certain indentures, made and executed…
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This was an action of covenant broken. Tn the year 1836, the plaintiffs and the Boston and Roxbury Mill Corporation, of the first part, and' the defendant and the Boston Iron Company, of the second part, made and executed the following indenture: “ Whereas the said Bostón and Roxbury Mill Corporation heretofore leased and demised to said Horace Gray, for a term of years yet unexpired, certain water powers and other premises described in certain indentures, made and executed between said Boston and Roxbury Mill Corporation and said Gray; * and the said Gray has since verbally agreed to assign…
1Opinion of the Court
Shaw, C. J.*
Several questions have been argued, in the present case, upon exceptions taken by the defendant, some of them arising upon the face of the report, which were taken at the trial and overruled, and some of them being exceptions to the rejection of evidence offered at the trial, with a view to impeach and set aside the award.
It is clearly settled, that an award is prima facie binding up on the parties, and the burden of proof is upon the party who would avoid it. In general, arbitrators have full power to decide upon questions of law and fact, which directly or incidentally arise in…
2Cited by5 opinions
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Collingswood Hosiery Mills, Inc. v. AMER., WORKERSNew Jersey Superior Court Appellate Division · 1954
- In re WilkinsAppellate Division of the Supreme Court of the State of New York · 1900
- McNally v. Montour RailroadSuperior Court of Pennsylvania · 1907
- Lumbard v. HoldimanAppellate Court of Illinois · 1904