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FALL RIVER LINE PIER v. N.Y., NEW HAVEN & HARTFORD R

344 Mass. 179 (1962)

181 N.E.2d 552

FALL RIVER LINE PIER, INC. vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Bristol.

April 11, 1962.

Attorney(s) appearing for the Case

James A. Heaney, for the plaintiff.

John A. Briggs, (Arthur D. Healey with him,) for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

This is an action of contract by Fall River Line Pier, Inc. (Pier), against the railroad to recover quarterly rent of $6,000, for the period February 17 to May 16, 1958, for pier premises leased to the railroad. The railroad filed a declaration in set-off asserting that Pier owed the railroad $4,536.98, with interest, for overpayment of rent for the preceding quarter. The only claim for jury trial was by Pier on the writ. Upon the filing of an auditor's...

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