Rockford, Rock Island & St. Louis Railroad v. Wilcox
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was an action of assumpsit, by the appellee against the appellant, to recover for work and labor done on a side track of appellant’s railroad.
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Appeal from the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was an action of assumpsit, by the appellee against the appellant, to recover for work and labor done on a side track of appellant’s railroad. The plaintiff’s second instruction, referred to in the opinion of the court, is as follows : “The court instructs the jury that,'if they believe, from the evidence, that the plaintiff did work on said side track of defendant’s railroad, referred to in the evidence, without any express contract with defendant to do the same, and that afterwards…
1Opinion of the CourtJustice Thornton
While we might not, upon the same evidence, have arrived at the same conclusion with the jury, we can not reverse for that reason.
The fact is not controverted that the work was completed fully, and has been appropriated to the use of the company. It has not been paid for, and we are not satisfied that the company is under any liability to pay any other person than appellee. The labor was performed, too, with the knowledge and under the directions of the agents of the company.
But we are asked to reverse because the work was done without a contract with the agent specially appointed for the…
2Cited by8 opinions
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- Missouri Pacific Railway Co. v. Simons & McCartyCourt of Appeals of Texas · 1894
- Kissell v. Pittsburg, Fort Wayne & Chicago Railway Co.Missouri Court of Appeals · 1916
- People v. BrownColorado Court of Appeals · 2011
- Carlson v. MarshallAppellate Court of Illinois · 1912
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