Moore v. Cape Fear & Yadkin Valley Railway Co.
Supreme Court of North Carolina
Civil action, heard before Whitaker, J., at December Term, 1892, of Sampson Superior Court. The action was brought by the 'plaintiff as assignee of various claims due laborers, etc., by a firm of contractors to whom the construction of a part of the Cape Fear & Yadkin Yalley Railway Company’s road had been sublet by a subcontractor of the North State Improvement Company, which had the contract for the construction of the whole road.
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Civil action, heard before Whitaker, J., at December Term, 1892, of Sampson Superior Court. The action was brought by the 'plaintiff as assignee of various claims due laborers, etc., by a firm of contractors to whom the construction of a part of the Cape Fear & Yadkin Yalley Railway Company’s road had been sublet by a subcontractor of the North State Improvement Company, which had the contract for the construction of the whole road. The complaint -alleged that a contract had been made by the Cape Fear & Yadkin Yalley Railway Company with the North State Improvement Company for the…
1Opinion of the Court
Avery, J.:
Where a contractor for the construction of any part of a railroad becomes indebted to a laborer for his . services on the work which the former has agreed to perform, the latter may, if he comply with the requirements of the statute (The Code, §1942), subject the railroad com-*241panv to liability for labor for thirty or “ a loss number of days,” provided, 1st, that such employee give notice to such company within twenty days after the performance of the labor for which the claim is preferred ; 2d, that the notice shall be in writing and shall be served on an engineer, agent or…
2Cases cited2 opinions
- Cook v. . CobbSupreme Court of North Carolina · 1888
- Wray v. HarrisSupreme Court of North Carolina · 1877
3Cited by1 opinion
- Wray v. . HarrisSupreme Court of North Carolina · 1877