Porter v. New York, New Haven, & Hartford Railroad
Cases that cite this one
7 later published cases cite this decision.
- Eastern States Petroleum Co. v. Port Terminal R. (Tex. App. 1942)
- Ætna Ins. v. Atlantic Coast Line R. (4th Cir. 1935)
- Hart Motors, Inc. v. Booker (Mass. Dist. Ct., App. Div. 1962)
- Cappy's, Inc. v. Dorgan (Mass. 1943)
- Bates Coal Mining & Mercantile Co. v. Missouri Pacific Railroad (Mo. Ct. App. 1927)
- New York Central Railroad Co. v. William Culkeen & Sons Co. (Mass. 1924)
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co. (Tenn. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
These exceptions relate only to the seventh count. It is agreed that the verdict for the defendant on that
This contract is attacked upon the grounds of want of consideration, and of duress. Upon neither ground can the attack succeed. The defendant was under no obligation, either as a common carrier or by reason of any previous contracts, to continue either the maintenance or operation of the tracks in question, and its undertaking to continue such maintenance and operation was ample consideration for the undertakings on the part of the plaintiff. The defendant, having the right to discontinue the maintenance and operation, had the right to inform the plaintiff that unless he conformed to its terms it would be obliged to do so. The action of the defendant’s station agent, even if correctly stated by the plaintiff, which the defendant does not admit, falls far short of duress.
jExceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.