Nashua & Lowell Railroad v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Contract, referred to an auditor, and, upon the coming in of the auditor’s report, amended into a bill in equity for an account, upon the agreement by the plaintiff that the report should be treated as a master’s report. In the Superior Court, a decree was ordered for the plaintiff; and the defendant appealed to this court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The plaintiff’s claim consists of two items: first, the sum of $2,574.32, being thirty-one per cent of the value of materials for railroad construction owned by the plaintiff and by the defendant in the proportion of thirty-one per cent by the plaintiff and sixty-nine per cent by the defendant, and used by the joint manager of the plaintiff’s and defendant’s railroads in the construction of the Middlesex Central Railroad; and, secondly, the sum of $9,711.88, that being the agreed cost of replacing three hundred tons of old rails with new, in order to make the plaintiff’s railroad in as good a…
2Cases cited8 opinions
- Nashua and Lowell Railroad v. Boston and Lowell RailroadSupreme Court of the United States · 1890
- Johnson v. HigginsCourt of Appeals of Kentucky · 1861
- Winnisimmet Co. v. Assessors of the Town of ChelseaMassachusetts Supreme Judicial Court · 1850
- Boston & Lowell Railroad v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1885
- Inhabitants of Wilbraham v. Inhabitants of SturbridgeMassachusetts Supreme Judicial Court · 1850
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3Cited by5 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1897
- Toledo S. S. Co. v. Zenith Transp. Co.Court of Appeals for the Sixth Circuit · 1911
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1895
- Wilkinson v. PrichardSupreme Court of Iowa · 1909