Napier v. Trace Fork Mining Co.

Opinion op the Court by

Judge Clarke

Affirming.

This is an appeal by tbe plaintiff from a judgment which allowed him only $315.05, instead of $565.05 claimed as the balance due him for constructing a grade for a sidetrack about six hundred feet in length leading from the L. & N.. R. R. Company’s tracks to defendant’s mine under a verbal contract, and which in addition denied him $200.00 claimed for extra work performed in connection with the contract.

The amount now involved is therefore less than $500.00, and if that, were all this s court only could have granted the appeal; but a statutory lien…