Perry v. Duluth Transfer Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Duluth Transfer Railway Company, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made August 3,1893, denying its motion for a new trial. Between August 9, and September 24, 1892, D. Ballard furnished teams and teamsters to a subcontractor, Anthony Murphy, to do grading on the line of the Duluth Transfer Railway which runs from West Duluth southwesterly up the St. Louis river in the direction of Ironton.
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Appeal by defendant, the Duluth Transfer Railway Company, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made August 3,1893, denying its motion for a new trial. Between August 9, and September 24, 1892, D. Ballard furnished teams and teamsters to a subcontractor, Anthony Murphy, to do grading on the line of the Duluth Transfer Railway which runs from West Duluth southwesterly up the St. Louis river in the direction of Ironton. Murphy agreed to pay Ballard $4.50 per day for each team and driver. The work amounted to $409.05 and he was paid thereon $254.75. The…
1Opinion of the CourtGilfillan, C. J.
It appears from the findings of fact that the Duluth. Transfer Railway Company was constructing a line of railway, and let the contract for the work to the Calumet Construction Company; that the latter let the work, or a part of it, to Foley, Grant & Guthrie, and the latter let the work, or part of the work, so let to them, to Crowley & Eberling, who let the grading on a particular section — part of the work so let to them — to one Murphy, and one Ballard furnished Murphy teams and teamsters to do the grading, and Ballard filed for record a verified statement claiming a lien for the balance…
2Cases cited1 opinion
- Fleming v. St. Paul City Railway Co.Supreme Court of Minnesota · 1891
3Cited by4 opinions
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- Breault v. ArchambaultSupreme Court of Minnesota · 1896
- Norman & Co. v. EdingtonTennessee Supreme Court · 1905
- Little Rock, Hot Springs & Texas Railway Co. v. SpencerSupreme Court of Arkansas · 1898