Western Maryland Ry. Co. v. Eastern Cement Gun Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the District of Maryland, at Baltimore; John C. Rose, Judge. Action at Law by the Eastern Cement Gun Company against the Western Maryland Railway Company.
1DissentWoods, Circuit Judge
In this case there was a conflict of evidence. The majority of the court are of opinion that the conflict is immaterial, and that in no view of the facts was there any issue for the jury. To this conclusion I am unable to assent. The Eastern Cement Gun Company made a contract on October 25, 1912, with the Western Maryland Railway Company to cover with gunite, a cement preparation, certain exposed steel work on its new roundhouse under construction at Hagerstown, Md. The work was to be begun within 2 days and completed within 55 working days. The contract provided:
“For the failure to prosecute…
2Cases cited14 opinions
- Wiser v. LawlerSupreme Court of the United States · 1903
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Carmine v. BowenCourt of Appeals of Maryland · 1906
- Tune v. BeelandSupreme Court of Georgia · 1908
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