TRUSTEES OF THE N.Y., N.H. v. TILESTON & HOLLINGSWORTH


345 Mass. 727 (1963)

189 N.E.2d 522

TRUSTEES OF THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY vs. TILESTON & HOLLINGSWORTH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1963.


Attorney(s) appearing for the Case

Thomas H. Mahony, for the defendant, submitted a brief.

David W. Walsh for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

This is an action of contract based upon an alleged breach of a written agreement for the construction and maintenance of a railroad sidetrack and providing for indemnification. The case was referred to an auditor whose findings of fact were not to be final. His report was introduced in evidence at the trial, before a judge of the Superior Court sitting without a jury, supplemented by exhibits and oral testimony...

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