Union Pac. Ry. Co. v. Travelers' Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. Action by the Travelers’ Insurance Company against the- Union Pacific Railway Company. From a judgment for plaintiff, defendant brings error.
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In Error to the Circuit Court of the United States for the District of Kansas. Action by the Travelers’ Insurance Company against the- Union Pacific Railway Company. From a judgment for plaintiff, defendant brings error. This writ of error was sued out to reverse a judgment for $40,000, which was rendered against the Union Pacific Railway Company, the plaintiff in error, for the breach of a covenant in a lease to stop its passenger trains which passed the leased premises at seasonable hours for meals a sufficient time to permit passengers to take their meals at an hotel built on the premises…
1Opinion of the CourtSanbobn, Circuit Judge
The proposition that the measure of damages for the continued breach for 11 months of a covenant in a lease, which had been carefully kept for 15 years, to stop trains which arrived at seasonable hours at an hotel on the leased premises for meals, is the value of the hotel, is sufficiently startling to arrest attention at least, and to excite some degree of curiosity to learn upon what theory the skill and ingenuity of counsel have thus far maintained it. Their contention is: First, that the covenants.of the lessor to stop its trains at the hotel for meals, and not to permit the use of its…
2Cases cited20 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Lowber v. BangsSupreme Court of the United States · 1865
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1868
- Keck v. BieberSupreme Court of Pennsylvania · 1892
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3Cited by12 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Thomsen v. Culver City Motor Co., Inc.California Court of Appeal · 1935
- Bastian v. Marienville Glass Co.Supreme Court of Pennsylvania · 1924
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Chambers v. Spruce Lighting Co.West Virginia Supreme Court · 1918
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