Smith v. Railroad Co.
Supreme Court of the United States
Appeal from tbe Circuit Court of the United States far the District of Kansas. The facts are stated in the opinion of the court.
1Opinion of the Court
Mr. Justice, Swayne
delivered the opinion of the court.
This case was decided by the court below upon demurrer to the amended bill of the appellant. The case made by that bill, so far as it is necessary to state it, may be embodied in a few words.
„The appellant and Dunn, under the name of Smith & Co., on the Ct]i qf June, 1871, cqntracted with a corporation then known as the Fort Sco'ft' and Allen County Railroad Company, afterwards the Fort-Scott, Humboldt,' and Western Railroad Company, to grade ■ the ■ line of its roadway, extending from Fort Scott, in Kansas, to Humboldt City, in the same…
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