Kansas City, Fort Scott & Memphis Railroad v. Graham

The opinion of the court was delivered by

Smith, J. :

The American Engineering and Construction Company contracted with the plaintiff in error railroad company to build a second track for it between Merriam and Olathe, in Johnson county. No bond conforming to the statute was taken by the railroad company from the contracting company for the protection of laborers, mechanics, material-men, and others,' as required by section 5864, General Statutes of 1901. That section reads :

“That whenever any railroad company shall contract with any person for the construction of its road or any part thereof,…