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N.Y. FILTRATION CO. V. DISTRICT OF COLUMBIA, 223 U. S. 253 (1912)

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U.S. Supreme Court

N.Y. Filtration Co. v. District of Columbia, 223 U.S. 253 (1912)

New York Continental Jewell Filtration Company

v. District of Columbia

No. 145

Argued December 22, 1911

Decided February 19, 1912

223 U.S. 253

Syllabus

The Union Station Act of February 28, 1903, 32 Stat. 909, c. 856, imposed larger liabilities on the railroad company for necessary changes than did the earlier Act of February 22, 1901, 31 Stat. 767, c. 353, and provided for the payment of a sum of money to the railroad company. The work contemplated by the later act included material changes, whether within or outside of the right of way.

Under the contract made by the plaintiff in this case with the District of Columbia for the latter to make the necessary changes, the District is entitled to be paid for all the work outside of, as well as within, the railroad's right of way.

Independently of the statute, and on the evidence as to the intention of the parties, the contract is properly construed as including work outside of as well as within the right of way.

33 App.D.C. 377 affirmed.

The facts, which involve the construction of certain acts of Congress for the erection of the Union Station and the elimination of grade crossings in the District of Columbia, are stated in the opinion.





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