Florence & Cripple Creek Railroad v. Tennant

Suit was brought by the plaintiff on June 23, 1900, to recover judgment in the sum of $4,067, and interest, on account for materials furnished prior to December, 1894. The jury returned a verdict for the plaintiff in the sum of $5,410.10. The case is brought here by the defendant by appeal.

The appellant contests but two items of the account — one amounting to $1,352, the value of lumber alleged to have been taken by the appellant from appellee’s mill in the month of June, 1894; the other amounting to the sum of $2,417, the value of piling furnished appellant at its request. Counsel say in…