Brocklehurst & Potter Co. v. Marsch

These are three actions at law which have been reported by a judge of the Superior Court* for determination as to the correctness of his orders overruling the defendant’s demurrers to the several declarations. The action by the Brocklehurst and Potter Company will be considered first. The declaration is in three counts, the first in tort, and the second and third in contract.

The first count sets out in substance, that the defendant was a general contractor for the construction of a portion of the lines of the Southern New England Railroad and that the plaintiff had a subcontract with him for…