Parker v. Massachusetts Railroad
Massachusetts Supreme Judicial Court
Contract under the St. of 1873, c. 353,* to recover for 76 days’ labor performed by the plaintiff in the construction of a railroad owned by the defendant corporation.
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Contract under the St. of 1873, c. 353,* to recover for 76 days’ labor performed by the plaintiff in the construction of a railroad owned by the defendant corporation. Writ dated December 10, 1873. The case was submitted to the Superior Court, and after judgment for the defendant, to this court, on appeal, on agreed facts in substance as follows: The defendant made a contract with N. G. Munson to build the whole of its railroad, and Munson made a sub-contract with A. G. Osgood to build a section of the railroad. Both of these contracts were made before the passage of said statute. The labor…
1Opinion of the CourtDevens, J.
It is not intended by the St. of 1873, c. 353, § 1, under which this action is brought, that a party who does work for one who had contracted with a railroad corporation previously to the passage of the act, or for his sub-contractor also contracting previously, shall be enabled to maintain an action against the corporation for the work which he thus does, even if it is actually contracted for and performed subsequently to the passage of the *582act. The corporation must pay those with whom it contracted according to the terms of its obligations as made at the time of the contract; from these it…
2Cited by1 opinion
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