Niagara Junction Railway Co. v. Erie Railroad

Judgment affirmed, with costs. All concur, except Kimball and Piper, JJ., who dissent and vote for reversal and for judgment for plaintiff in the stipulated amount on the ground that the legal presumption cannot be overcome without facts upon which an express contract can be found and no such facts are found here. (Appeal from a judgment dismissing the complaint in an action for breach of contract and trespass.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.