NORTHERN PAC. RY. CO. v. TWOHY BROS. CO.

No. 8594.

95 F.2d 220 (1938)

NORTHERN PAC. RY. CO. v. TWOHY BROS. CO.

Circuit Court of Appeals, Ninth Circuit.

March 1, 1938.


Attorney(s) appearing for the Case

Charles A. Hart, of Portland, Or. (L. B. daPonte, of St. Paul, Minn., and Carey, Hart, Spencer & McCulloch, of Portland, Or., of counsel), for Northern Pac. Ry. Co.

DeLancey C. Smith, of San Francisco, Cal., and W. Lair Thompson and McCamant, Thompson, King & Wood, all of Portland, Or., for Twohy Bros. Co.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

Appellant railway company appeals from a judgment in favor of appellee, railway building contractor, awarding damages for two breaches by the railway of a contract under which the contractor was to do the work of construction and during construction the commercial haulage upon a branch line railway. The branch, some forty-one miles long, extended from Orofino, Idaho, to a destination called Headquarters in a pineforested area, which the road...

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