Plimpton v. New York, New Haven, & Hartford Railroad

Rxtgg, J. C.

This is an action to recover the cost of rebuilding a trestle. The controversy is whether the obligation to maintain the trestle rested upon the defendant. All objections as to the form of the action have been waived. It also has been agreed that “the present parties have succeeded to all the rights and liabilities of their predecessors” and hence no question as to parties has been raised or argued. In this opinion the parties and their predecessors without discrimination will be referred to as the plaintiff and the defendant.

In May, 1897, a contract was made whereby the defendant…