Balch v. . N.Y. and Oswego Midland R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth district, aflirming a judgment entered upon the report of a referee against the plaintiff. The action was brought to recover for work done by the plaintiff with his team, in constructing the defendant’s road, under and by virtue of section 12 of the general railroad act. Also for work done by one Annin, with his team, and by one Eddy, with his team, in constructing the same road.
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Appeal from judgment of the General Term of the Supreme Court in the fifth district, aflirming a judgment entered upon the report of a referee against the plaintiff. The action was brought to recover for work done by the plaintiff with his team, in constructing the defendant’s road, under and by virtue of section 12 of the general railroad act. Also for work done by one Annin, with his team, and by one Eddy, with his team, in constructing the same road. The persons last named assigned their several demands to the plaintiff. The firm of McEary, Claflin & Co. were contractors with the defendant…
1Opinion of the CourtAllen, J.
By the general railroad act of 1850 (Laws of 1850, chap. 140, § 12), a claim is given against a railroad corporation, for the indebtedness of a contractor to any laborer, for thirty or any less number of days’ labor,- performed in constructing the road of such corporation. The act requires the laborer to give notice, within a limited time, of the hum- her of days’ labor for which the claim is made. The notice must state, among other things, the amount and number of days’ labor, and the time when the same was performed.
The terms “ laborer ” and “ labor ” were used in their ordinary and usual…
2Cases cited3 opinions
- Aikin v. . WassonNew York Court of Appeals · 1862
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
- Conant v. Van SchaickNew York Supreme Court · 1857
3Cited by26 opinions
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Epps v. EppsAppellate Court of Illinois · 1885
- Little Rock, Hot Springs & Texas Railway Co. v. SpencerSupreme Court of Arkansas · 1898
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