New York Central Railroad v. Central Vermont Railway Co.

This action was brought to recover the expenses incurred by the plaintiff in making certain repairs at the crossing in Palmer where the defendant’s railroad intersects and crosses that of the plaintiff. It was undisputed that these repairs were reasonably required; that the amount expended therefor was “fair and reasonable;” and that the plaintiff had requested the defendant to make them. The case was tried by a judge of the Superior Court sitting without a jury. He sustained demurrers to the second and third counts, made comprehensive findings of fact, and found for the plaintiff in the…