Hudson Canal Co. v. Pennsylvania Coal Co.
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York. The case was this: The Pennsylvania Coal Company, being engaged in mining coals from land in the northeast corner of Pennsylvania, for which they wished to get means of easy transportation to New York, and the Hudson Canal Company having a canal whose capacity was not fully employed, and which would afford the transportation desired, provided a railroad could be made from the Coal Company’s lands to the…
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Error to the Circuit Court for the Southern District of New York. The case was this: The Pennsylvania Coal Company, being engaged in mining coals from land in the northeast corner of Pennsylvania, for which they wished to get means of easy transportation to New York, and the Hudson Canal Company having a canal whose capacity was not fully employed, and which would afford the transportation desired, provided a railroad could be made from the Coal Company’s lands to the western end, comparatively near.them, of the canal, the two companies entered, under their corporate seals, into long and…
1Opinion of the CourtJustice Clifford
Covenant broken is the foundation of the claim of the plaintiffs, as set forth in the declaration. Reduced to a concise statement, the alleged cause S'f action is that the defendants covenanted and agreed with the plaintiffs, in the articles of agreement mentioned in the declaration, that all thé coal mined by them on their coal lands and • transported over their railroad to the place where the railroad connects with the canal of the plaintiffs, should be transported from that place to tide waters upon the plaintiffs’ canal, and that they would pay to the plaintiffs the toll prescribed in the…
2Cases cited1 opinion
- United States v. BabbitSupreme Court of the United States · 1862
3Cited by67 opinions
- Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
- Hancock v. YadenIndiana Supreme Court · 1890
- Burke v. MeadIndiana Supreme Court · 1902
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
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