Stony Brook Railroad v. Boston & Maine Railroad

This is an action of contract whereby the plaintiff seeks to recover from the defendant the amount of an instalment of the income tax assessed by the United States against the plaintiff and paid by it. The income on which this tax was levied consists of payments in the nature of rental made to the plaintiff by the defendant. The plaintiff was incorporated under the laws of this Commonwealth and owns a railroad located wholly within this Commonwealth. The plaintiff leased its railroad and all its railroad property to the Boston and Lowell Railroad Corporation for a term of ninety-nine years…