Tyler Tap Railroad v. J. Driscol & Co.
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John C. Robertson. Suit by Driscol & Co. for the recovery of a debt of §8,312.48 claimed for work and labor done by them for defendant, and for materials furnished by plaintiffs under a written contract, entered into by plaintiffs and defendant on the 8th day of September, in which the plaintiffs agreed to erect the bridges and construct the cattle-guards on defendant’s road between Tyler, in Smith county, and Ferguson, in…
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Appeal from Smith. Tried below before the Hon. John C. Robertson. Suit by Driscol & Co. for the recovery of a debt of §8,312.48 claimed for work and labor done by them for defendant, and for materials furnished by plaintiffs under a written contract, entered into by plaintiffs and defendant on the 8th day of September, in which the plaintiffs agreed to erect the bridges and construct the cattle-guards on defendant’s road between Tyler, in Smith county, and Ferguson, in Upshur county, Texas, according to certain specifications, and on certain terms therein stated, and for the enforcement of…
1Opinion of the Court
Gould, Associate Justice.
Driscol & Co. sued the railroad company for work and labor done and materials furnished under a written contract, to erect the bridges and construct the cattle-guards on defendant’s road between Tyler, in Smith county, and Ferguson, in Upshur county, claiming a mechanic’s lieu on the railroad. Plaintiffs recovered judgment for *17$1,074.65, foreclosing also the lien claimed on the railroad, including the road-bed, franchise, and chartered powers and privileges, from Tyler to Ferguson.
The railroad company complains of that part of the judgment enforcing-the mechanic’s…
2Cases cited3 opinions
- Aikin v. . WassonNew York Court of Appeals · 1862
- Balch v. . N.Y. and Oswego Midland R.R. Co.New York Court of Appeals · 1871
- Jewett v. WhalenWisconsin Supreme Court · 1860
3Cited by4 opinions
- National Bank of Cleburne v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1902
- Pennsylvania Steel Co. v. J. E. Potts Salt & Lumber Co.Court of Appeals for the Sixth Circuit · 1894
- Mulloy v. Humble Oil & Refining Co.Court of Appeals of Texas · 1923
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880