Grannahan v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. This was an action commenced before a justice of the peace under the twelfth section of the general railroad act. (R. 0. 1855, p. 414.) o The plaintiff had performed work in the construction of the Hannibal and St. Joseph Railroad, under McCormick, Knight & Riley, who were contractors under Therrill & Reed, who were contractors under J. Duff & Co., the original contractors.
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Appeal from Macon Circuit Court. This was an action commenced before a justice of the peace under the twelfth section of the general railroad act. (R. 0. 1855, p. 414.) o The plaintiff had performed work in the construction of the Hannibal and St. Joseph Railroad, under McCormick, Knight & Riley, who were contractors under Therrill & Reed, who were contractors under J. Duff & Co., the original contractors. Notice to the company was served on the engineer of McCormick, Knight & Riley. I. The court should have dismissed the suit. The justice of the peace had no jurisdiction to try suits against…
1Opinion of the CourtScott, Judge
In the case of Mooney v. Hannibal and St. Joseph Railroad Co., 28 Mo. 570, it was held that, under the twelfth section of the general railroad law, (R. C. 1855, p. 414,) justices of the peace had jurisdiction of suits brought by laborers on the roads against the railroad companies.
It is objected to the claim of the laborer that the company was not permitted to give in evidence the fact that it had contracted with Duff & Co. to do the work on the road before the passage of the general railroad law; consequently, that it could not indemnify itself against claims of the laborers it might…
2Cases cited1 opinion
- Mooney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1859
3Cited by2 opinions
- Tranbarger v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Abbott v. Marion Mining Co.Supreme Court of Missouri · 1914