State Ex Rel. Southern Pacific Co. v. American Surety Co.

This is an action on a statutory bond, on which the American Surety Company of New York is surety, given to secure performance of a contract to widen and improve a 4.67 mile section of the Pacific highway between Canemah and New Era, in Clackamas county, Oregon. The highway was immediately adjacent to and parallel with the main line tracks of a railroad operated by the Southern Pacific Company. The construction work involved the blasting of rock and it was therefore necessary for the contractor, John Slotte & Co., Inc., to so carry on its operations as not to endanger the train service of the…