Streubel v. Milwaukee & Mississippi Railroad
Wisconsin Supreme Court
APPEAL from tbe circuit court for Müwaulcee county. TLe complaint in tbis action, which was filed in May, 1857, alleged that the plaintiff, Streubel, had performed labor to the amount of $536, on section 17 of the defendants’ railroad, under the employment of a sub-contractor, who was engaged in constructing tbe same; that said labor was performed between tbe 22d day of April, 1856, and tbe 18tb day of October following; that more than thirty days previous to the…
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APPEAL from tbe circuit court for Müwaulcee county. TLe complaint in tbis action, which was filed in May, 1857, alleged that the plaintiff, Streubel, had performed labor to the amount of $536, on section 17 of the defendants’ railroad, under the employment of a sub-contractor, who was engaged in constructing tbe same; that said labor was performed between tbe 22d day of April, 1856, and tbe 18tb day of October following; that more than thirty days previous to the commencement of tbe action, be gave notice in writing to tbe president or secretary of said railroad company, stating that wages…
1Opinion of the Court
By the Court,
Dixon, C. J.
Under the common law sys-tern of pleading and practice, this would have been denominated an action of assumpsit for wort and labor. It was commenced by the respondent against the appellant in the circuit court of Milwaukee county, in the month of May, 1857, to recover the price and value of work done by the respondent as a laborer, in the construction of the line of railroad of the appellant, in the year 1856, under the provisions of chap. 86, Laws of 1855, entitled, “ an act for the protection of laborers on railroads.” The respondent was employed as such laborer by…
2Cases cited2 opinions
- Stocking v. HuntNew York Supreme Court · 1846
- Walter v. BaconMassachusetts Supreme Judicial Court · 1812
3Cited by17 opinions
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- Handel v. ElliottTexas Supreme Court · 1883
- Craig v. HerzmanNorth Dakota Supreme Court · 1899
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