NEW YORK, NEW HAVEN & HARTFORD R.R. v. WALWORTH CO.


340 Mass. 1 (1959)

162 N.E.2d 789

THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY vs. WALWORTH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 1959.


Attorney(s) appearing for the Case

Noel W. Deering, for the plaintiff.

Philander S. Ratzkoff, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.


WILKINS, C.J.

This action of contract upon the indemnity provisions of an agreement relating to a private railroad track for freight transportation has been reported without decision by a judge of the Superior Court. G.L. (Ter. Ed.) c. 231, § 111.

The facts are agreed. The contract, dated August 16, 1915, between the plaintiff and Walworth Manufacturing Company, has become an obligation of the defendant. On April 9, 1945, a taxicab of one Hoban was in...

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