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UNITED STATES v. BOSTON & PROVIDENCE R. R. CORPORATION

No. 2376.

37 F.2d 670 (1930)

UNITED STATES v. BOSTON & PROVIDENCE R. R. CORPORATION.

Circuit Court of Appeals, First Circuit.

January 23, 1930.

Attorney(s) appearing for the Case

George D. Brabson, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

James S. Y. Ivins, of Washington, D. C. (Joseph D. Brady, of Holmes, Brewster & Ivins, of Washington, D. C., and Arthur W. Blackman, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

WILSON, Circuit Judge.

In 1887, the appellee, operating a railroad between Boston and Providence, experienced a very disastrous wreck on its lines, which resulted in the killing and injuring of a large number of people, and in damages from injuries to passengers and property amounting to $1,180,000, or more than one-fourth the amount of its paid-in capital stock.

While the appellee was then in a very prosperous condition, had a large earning power in proportion...

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