Nashua & Lowell Railroad v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, for an account under a contract entered into by the parties for the joint operation of their railroads. Hearing before Dewey, J., who reported the case for the determination of this court. The facts material to the points decided appear in the opinion. The case was argued at the bar in March, 1895, and afterwards was submitted on the briefs to all the judges.
1Opinion of the CourtAllen, J.
1. The iron of the Boston and Lowell Railroad being at the outset in worse relative condition than that of the Nashua and Lowell Railroad and branches, it was agreed that in *223the final settlement of the contract the iron of the Boston and Lowell road should be left in the same relative worse condition, or otherwise its improved relative condition should be paid for by the Boston and Lowell Railroad Corporation on its separate account. The existing difference at the outset was appraised as equivalent to the cost of replacing three hundred tons of old rails with new. The report finds that, at…
2Cases cited26 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Russell v. PlaceSupreme Court of the United States · 1877
- Pray v. . HegemanNew York Court of Appeals · 1885
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
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3Cited by18 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Vincent v. PleckerMassachusetts Supreme Judicial Court · 1946
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1897
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