Spafford v. Duluth, Red Wing & Southern Railroad
Supreme Court of Minnesota
Appeal by defendant the Duluth, Bed Wing & Southern Bailroad Company from an order of the district court of Goodhue county, Crosby, J., made April 23, 1891, refusing it a new trial.
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Appeal by defendant the Duluth, Bed Wing & Southern Bailroad Company from an order of the district court of Goodhue county, Crosby, J., made April 23, 1891, refusing it a new trial. Action brought by William H. H. Spafford, plaintiff, against the railroad company, Andrew Anderson, Herman Hanson, George Kinney, and the Central Trust Company of New York, defendants, to foreclose a lien for labor and material furnished by plaintiff, and used in the fall of 1888, in constructing the bridges and culverts on the line between Bed Wing and Zumbrota, Minn. The action was commenced May 9, 1889, under…
1Opinion of the CourtDickinson, J.
Prior to the léth of September, 1888, the defendant railroad company had entered into a contract with the Bed Wing, Duluth & Sioux City Construction Company to the effect that the latter — the construction company — should construct the line of railway, including bridges and culverts; and thereafter the construction com*520panv bad entered into a subcontract with the partnership firm of Keating Bros. & Co., to the effect that the latter firm should construct the same line of road, including bridges and culverts. On the 14th of September, 1888, Keating Bros. & Co. sublet to the plaintiff the ■work…
2Cases cited3 opinions
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- Smith v. SpauldingNebraska Supreme Court · 1892
- Lumbard v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1873
3Cited by1 opinion
- Illinois Steel Warehouse Co. v. Hennepin Lumber Co.Supreme Court of Minnesota · 1921