M. K. & T. Railway Co. v. Baker
Supreme Court of Kansas
Error from, Labette District Court. Balter sued the Railway Company before a justice of the peace to recover a balance of $104.13 due him “for labor as time-keeper on work of grading in the city of Parsons ” on defendant’s railroad.
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Error from, Labette District Court. Balter sued the Railway Company before a justice of the peace to recover a balance of $104.13 due him “for labor as time-keeper on work of grading in the city of Parsons ” on defendant’s railroad. The bill of particulars, except as to the nature of plaintiff’s claim, is very like that in Brown’s case, ante, p. 558. The case was removed to the district court, and there tried at the March Term.1874. Finding and judgment in favor of the plaintiff, and the Railway Company brings the case here on error. Baker represents that defendant entered into a contract…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case resembles in many respects the one of the same plaintiff in error against M. Gr. Brown, just decided; (ante, p. 557.) The contractor, and the work contracted for, were the same. There is however one material difference between the two cases, a difference which is fatal to the claim of the defendant in error. The debts for which Brown’s action was brought were debts to laborers. Baker sues for services rendered the contractor as “time-keeper,” and “superintendent.” Is such a debt one within the scope of the act? We think not. The…
2Cases cited3 opinions
- Aikin v. . WassonNew York Court of Appeals · 1862
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
- Ericsson v. BrownNew York Supreme Court · 1862
3Cited by13 opinions
- City of Topeka v. CrawfordSupreme Court of Kansas · 1908
- Gilmore v. WestermanWashington Supreme Court · 1896
- D. L. Wells & Co. v. MehlSupreme Court of Kansas · 1881
- Durkheimer v. Copperopolis Copper Co.Oregon Supreme Court · 1909
- Mann v. BurtSupreme Court of Kansas · 1886
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