Page:Federal Reporter, 1st Series, Volume 4.djvu/198

 iSe FEDREAIi BBPORTBB. �that decision. But the case is one involving the proper con- struction of a written contract, which ia a question at general law, upon which the parties have a right to the independent judgment of this court. And after careful and earnest con- sideration of the opinion in that case, we are unable to concur in the conclusion arrived at. �The motion for a new trial is denied. ���Faemees' Loan & Tbust Co. ». L. C. & S. W. Ey. Co; �(Circuit Court, D. Indiana., 1880.) �1. Railhoad — RBCBrraiB— LiquiDATED Dahaghs — Obdee of Coitet — �CONSTKUCTION. �, for plaintiff. �, for defendant. ���Dedmmond, C. J. On the first day of August, 1874, the city of Logansport entered into a contract with the Logans- port, Crawfordsville & Southwestern Eailway Company, and the Detroit, Eel Eiver & Illinois Eailroad Company, the object of which seems to have been to cause a certain portion of the Logansport, Crawfordsville & Southwestern Eailway Com- pany's road, which was at that time unfinished, to be com. pieted so that it should extend to the city of Logansport ; and to have a bridge constructed across the Wabash river, and to secure to the city of Logansport the permanent loca- tion and maintenance of the car manufacturing and machine shops of both roads; and, as a consideration, the city of Logansport agreed to issue $80,000 in bonds of the city, pay- able in 20 years, with interest at 7 per cent. The railroad companies agreed, respectively, one or the other, to which- ever it might belong under the contract, to go on and con- struct the bridge, and finish the road, and build and establish the machine shops at Logansport. The contract contained a provision that the shops were to be commenced, and so far completed, as to be of sufficient capacity to do the work and ����