Porter v. Buckfield Branch Railroad
Supreme Judicial Court of Maine
On a Report from Nisi Prius, Howard, J., presiding. the 24th of October, 1848, the plaintiffs contracted in writing with the defendants to construct a railroad upon a specified location, and in a prescribed manner. The contract contained many specifications. Among them were the following:— “ The line of road or gradients may be changed, if the engineer shall consider such change necessary or expedient, and no extra allowance shall be claimed therefor.
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On a Report from Nisi Prius, Howard, J., presiding. the 24th of October, 1848, the plaintiffs contracted in writing with the defendants to construct a railroad upon a specified location, and in a prescribed manner. The contract contained many specifications. Among them were the following:— “ The line of road or gradients may be changed, if the engineer shall consider such change necessary or expedient, and no extra allowance shall be claimed therefor. “ The company reserve the privilege of substituting piling for embankment, across the intervale land on a portion of sections No. 5 & 6. “In…
1Opinion of the CourtHoward, J.
This report was not drawn up, and presented for signature, until several months after the trial; and, although then signed and allowed, it was subsequently discovered, that it did not contain a full statement of the case, and of the rulings of the presiding Judge, and it must be *549dismissed. But two questions were presented at the argument, upon which an expression of the opinion of the cottrt, in this stage of the proceedings, has been strongly urged. 1. Whether the award is void upon its face. 2. What would be the measure of damages, if the plaintiffs should recover in this action upon the…
2Cases cited2 opinions
- Tex. & Pac. R'y Co. v. WrightCourt of Appeals of Texas · 1884
- McLendon v. King, McRea & Co.Court of Appeals of Texas · 1884
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- Van Cott v. . Van BruntNew York Court of Appeals · 1880
- Coe v. East & W. R. Co.U.S. Circuit Court for the District of Southern Alabama · 1892
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- Gibson v. Whip Publishing Co.Missouri Court of Appeals · 1888