Shamokin Valley & Pottsville Railroad v. Malone
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northumberland county: In Equity, No. 79, May Term 1877. The bill was filed in this case October 22d 1868, by James Malone against The Shamokin Valley and Pottsville Railroad Company and the Northern Central Railway Company.
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Appeal from the Court of Common Pleas of Northumberland county: In Equity, No. 79, May Term 1877. The bill was filed in this case October 22d 1868, by James Malone against The Shamokin Valley and Pottsville Railroad Company and the Northern Central Railway Company. The hill avers that Richard McGrann, Sr., Michael Barry, Richard McGrann and John J. Dougherty, on the 19th day of August 1852, made a contract with the Philadelphia and Sunbury Railroad Company to do all the work necessary to relay the track of the railroad from Sunbury to Shamokin, and also all the work of the extension of the…
1Opinion of the CourtJustice Sharswood
It is very clear upon the evidence that the plaintiff, James Ma*33lone, was a contractor under the Philadelphia and Sunbury Railroad Company, and constructed for them a branch of their railroad on the same terms as McGrrann and others constructed by written articles the main road. There was no written contract for the branch. McGrrann and partners agreed to do the work, and then turned it over to Malone, who was recognised and dealt with by the company as the contractor. Subsequently to the completion of the contract, the Philadelphia and Sunbury Railroad Company executed a mortgage to Joseph R.…
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