Boston & Lowell Railroad v. Nashua & Lowell Railroad
Massachusetts Supreme Judicial Court
Contract, in three counts. The first count alleged, in substance, that in 1857 the plaintiff made a contract with the defendant for the joint use of their railroads and property, and the division between them of the net income from said property in the proportion of sixty-nine per cent to the plaintiff and thirty-one per cent to the defendant, and that among other property belonging to it which was thus used by it and the defendant, and the net income of which should have…
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Contract, in three counts. The first count alleged, in substance, that in 1857 the plaintiff made a contract with the defendant for the joint use of their railroads and property, and the division between them of the net income from said property in the proportion of sixty-nine per cent to the plaintiff and thirty-one per cent to the defendant, and that among other property belonging to it which was thus used by it and the defendant, and the net income of which should have been thus divided between them, was a certain parcel of land and dwelling-house thereon at Lowell, for the use of which…
1Opinion of the CourtField, C. J.
This case was sent to an auditor, and the auditor found for the defendant. It was then tried by the court without a jury, on the auditor’s report, and the court found that the plaintiff was entitled to recover $1'257.73 on account of the first claim made in the declaration, but was not entitled to recover anything upon the second or third claim, and on these findings the case was reported for the determination of this court. At the argument here, the counsel for the plaintiff waived any exception to the finding of the court on the second claim; but he contends that its finding on the third…
2Cited by4 opinions
- Daddario v. City of PittsfieldMassachusetts Supreme Judicial Court · 1938
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
- Harrison County v. OgdenSupreme Court of Iowa · 1906
- Craig v. Gauley Coal Land Co.West Virginia Supreme Court · 1914