Legal Opinion

Mundt v. Sheboygan & Fond du Lac Railroad

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 37 opinions

APPEAL from tbe Municipal Court of tbe City of Bipon. Tbe plaintiff, Mundt, recovered judgment against tbe defendant, before a justice of tbe peace, for labor performed in tbe construction of defendant’s railway, from wbicb judgment defendant appealed to tbe municipal court.

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APPEAL from tbe Municipal Court of tbe City of Bipon. Tbe plaintiff, Mundt, recovered judgment against tbe defendant, before a justice of tbe peace, for labor performed in tbe construction of defendant’s railway, from wbicb judgment defendant appealed to tbe municipal court. Tbe facts, as stipulated by tbe parties upon tbe trial, were, tbat defendant (a railway company, organized under tbe laws of tbis state) let tbe contract for tbe construction of a portion of its road to Wells & French, wbo sub-let a portion thereof to one Redfield, for wbom plaintiff worked in tbe construction of tbe road…

1Opinion of the Court

Dixoít, C. J.

The questions in this case relate to the construction of a statute now found as § 57, 1 Tay. Stats., p. 1051, which reads as follows: ‘ ‘Whenever any laborer upon any railroad in this state shall have just claim or demand for labor performed on such railroad, against any person being contractor on such railroad with the railroad company, such railroad company shall be liable to pay such laborer the amount of such claim or demand : provided, such laborer shall have given notice to such railroad company within thirty days after such claim or demand shall have accrued, that he has…

2Cases cited2 opinions

  1. Streubel v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1860
  2. Burlander v. Milwaukee & St. Paul R. R.Wisconsin Supreme Court · 1870

3Cited by37 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. Smith v. City of BrookfieldWisconsin Supreme Court · 1956
  3. Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
  4. Hoffmann v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1906
  5. State Ex Rel. Klingler & Schilling v. BairdWisconsin Supreme Court · 1972

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