Grigsbey v. Lexington & Eastern Railway Co.

*558Opinion op the Court by

Judge Carroll —

Reversing., 1 The construction work upon a branch line of the appellee railway company was let to the firm of Jones Bros., and this firm subcontracted the work to the Jones Davis Co., and this company subcontracted a portion of it to U. S. Tackett. During the progress of the work the appellant Grigsbey furnished to Tackett a lot of timber to be used in a tunnel. Shortly after the furnishing of -the timber by Grigsbey the Jones Davis Co., as-well as Tackett, became financially embarrassed, if not insolvent, and the work they had contracted to do was…