Railroad Reports 1907 Vol 46 American And English Railroad Cases New Series Vol 23 PDF Download

Excerpt from Railroad Reports (Vol. 65 American and English Railroad Cases, New Series), 1912, Vol. 42: A Collection of All Cases Affecting Railroads of Every Kind, Decided by the Courts of Last Resort in the United States At the trial the plaintiff proved the letters above referred to, and the by-law of the company delegating the powers to the pres ident, and tendered further proof in support of the allegations of the petition including the breach thereof and the damages sustained. At this stage of the proceedings the court arrested the trial and directed a verdict for the defendant, being of opinion that the letters did not bear the construction claimed by the plain tiff but led to the conclusion that: Assuming there was an agreement here entered into for the building of the road, I am of the Opinion that under the contract the defendant company agreed to make another contract with the party or parties who donated the right of way and constructed a coal plant Of not less capacity than one thousand tons per day and coke ovens such as are mentioned in this letter of March 31, 1892, if such party or parties did not themselves elect to ship coal. It does not appear that such other contract was ever made. And therefore that the contract alleged was not proven. If the judge's opinion was correct, the course pursued was proper. Owing to the fact that the production Of evidence by the de fendant was precluded by the action of the court, it is obvious that we are restricted to the consideration of the case made by the plaintiff and the tendency of the evidence produced by that party; for, if the evidence had any fair tendency to prove the al legations Of the petition, its weight was for the consideration of the jury, even if the proof was to stop at that stage of the trial. And so, also, further evidence may be adduced to show the under standing oi the parties as to the existence of a contract govern ing their conduct, and, if there was, what their understanding of its stipulations was. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.