Smith v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort for damage done to the property of the plaintiff on September 19, 1876, by a locomotive engine of the defendant corporation, at a place where a highway crossed the defendant’s road.
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Tort for damage done to the property of the plaintiff on September 19, 1876, by a locomotive engine of the defendant corporation, at a place where a highway crossed the defendant’s road. Writ dated December 19,1876. The Merchants’ National Bank of Boston, summoned as trustee, answered, admitting that, at the time of service upon it, “ there was deposited in said bank, in the name of the Eastern Railroad Company, the sum ot $2,541.65; ” and further answered that, upon its information and belief, the above sum “was a part of the income of the Eastern Railroad Company, earned and acquired after…
1Opinion of the CourtSoule, J.
The funds in the hands of the alleged trustee are a part of the income of the Eastern Railroad Company, earned after September 1, 1876, at which date the mortgage authorized by St. 1876, o. 236, took effect. The claim on which the plaintiff’s suit is founded is for damage done to her property by the railroad company in negligently running a train at a highway crossing, after September 1, 1876, and before any breach of the condition of the mortgage. The claim, when paid, would be properly included in the “ operating expenses ” of the railroad corporation, within the meaning of that term in the…
2Cases cited9 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Sprague v. SmithSupreme Court of Vermont · 1857
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3Cited by6 opinions
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1899
- Receiver v. StantonTexas Supreme Court · 1894
- Columbia Trust Co. v. Farmers' & Merchants' BankUtah Supreme Court · 1933
- Baiz v. Coro & La Vela RailroadNew Jersey Court of Chancery · 1917
- Supreme Fuel v. Peerless PlushNew Jersey Court of Chancery · 1934
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