Westinghouse, Church, Kerr & Co. v. Long Island Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January. 13,191-t, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The case turns upon the construction of a contract by which the plaintiff undertook the electrification of certain of the defendant’s lines of railroad.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January. 13,191-t, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The case turns upon the construction of a contract by which the plaintiff undertook the electrification of certain of the defendant’s lines of railroad. The contract is of the kind known as percentage agreements, under which the contractor makes the original outlays and is reimbursed therefor by the employer with a percentage of the cost added for the…
1Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Cuddeback, Hogan, Cardozo and Pound, JJ. Dissenting, on the dissenting opinion of Ingraham, P. J., below: Willard Bartlett, Ch. J., and Chase, J.
2Cited by6 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Long Island Railroad v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Standard Oil Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Salamy v. New York Central SystemAppellate Division of the Supreme Court of the State of New York · 1955
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