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BOSTON & MAINE RAILROAD v. CONSTRUCTION MACHINERY

346 Mass. 513 (1963)

194 N.E.2d 395

BOSTON AND MAINE RAILROAD vs. CONSTRUCTION MACHINERY CORPORATION & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 3, 1963.

Attorney(s) appearing for the Case

Harold E. Magnuson (Hugh J. Mulligan, Jr., with him) for the defendant DeVries Supply Company, Inc.

William D.K. Crooks, Jr., for the plaintiff.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The railroad seeks by this bill in equity to obtain specific enforcement of certain undertakings1 of its grantee (to remove snow and ice from the railroad's ramps and platforms and to light them). These undertakings were set out in a deed, dated December 28, 1960, to Construction Machinery Corporation (Construction), by which the railroad conveyed to Construction land (parcel 1), including

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