Ft. Worth & D. C. Ry. Co. v. Read Bros. & Montgomery
Court of Appeals of Texas
Error from District Court, Tarrant County; Jas. W. Swayne, Judge. Action by Read Bros. & Montgomery and others against the Port Worth & Denver City Railway Company. Judgment for plaintiffs, and defendant brings error. Read Bros. & Montgomery were independent contractors, and entered into a contract with the railway company to construct a complete spur track from a point on the main line at Alvord to a rock quarry.
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Error from District Court, Tarrant County; Jas. W. Swayne, Judge. Action by Read Bros. & Montgomery and others against the Port Worth & Denver City Railway Company. Judgment for plaintiffs, and defendant brings error. Read Bros. & Montgomery were independent contractors, and entered into a contract with the railway company to construct a complete spur track from a point on the main line at Alvord to a rock quarry. These contractors made a contract of employment with defendants in error Bourgeois and Sharp, by which each was to do certain grading and clearing off of the right of way. Bourgeois…
1Opinion of the Court
The assignments predicate error in adjudging and foreclosing a lien upon the spur track. As the claims of the two defendants in error are separate, they are here passed on separately. As to the claim of Bourgeois, the jury found that the items that made up his account were the hire of eight teams and tools for 44 days at $1 per day, filling washout, $100, clearing five acres of land of right of way, $150, and moving with teams and tools 6,000 yards of dirt at 12 cents per yard and 1,000 yards of rock at 70 cents per yard, aggregating $1,420. The jury found that the total amount paid Bourgeois…
2Cases cited3 opinions
- Eastern Texas Railway Co. v. FoleyCourt of Appeals of Texas · 1902
- Krakauer v. Morris R. Locke & Co.Court of Appeals of Texas · 1894
- E. T. R. R. Co. v. DavisCourt of Appeals of Texas · 1904
3Cited by4 opinions
- Lanier v. LovettArizona Supreme Court · 1923
- Mood v. Methodist Episcopal Church SouthCourt of Appeals of Texas · 1926
- Reece v. LangleyCourt of Appeals of Texas · 1921
- American Surety Co. of New York v. StuartCourt of Appeals of Texas · 1941