This is an action in the circuit court of Carter county to enforce a lien on the Current River Railroad for certain work and labor done in the construction thereof. The petition, omitting caption, is as follows: "The plaintiff states that the defendant is a railroad corporation duly incorporated and existing under and by virtue of the laws of the state of Missouri, and as such corporation owns and operates a railroad from Willow Springs, in Howell county, to a point called `Grandin,' in Carter county, Mo. That the said corporation owns a large lot of rolling stock, depot grounds and building, together with the roadbed and right of way through the said counties between the points above named, which are used by the said corporation for its said railroad. Plaintiff avers that the defendant corporation, some time prior to the 15th day of July, 1887, made a contract with J. S. McTighe & Co., a firm composed at that time of J. S. McTighe and Isaac L. McKee, by which the said McTighe & Co. were to construct and build the roadbed of the said railroad embraced in sections 46, 50, 54, 55, 56, 57, and 60, as shown by profile on file in the office of the clerk of the county court within and for the county of Carter, in the state of Missouri. That each of said sections is one mile long, and all situated in Carter county, Mo. That, after making the said contract, said J. S. McTighe & Co. contracted with Wm. O'Connor & Co., a firm composed of Wm. O'Connor, J. S. McTighe, Isaac L. McKee, and M. Holden, by which contract the said Wm. O'Connor &
Co. were to grade and build said sections 55 and 56 of said railroad. That in pursuance of said agreement last named the said Wm. O'Connor & Co. did, on the 15th day of July, 1887, begin the work and labor of building and constructing the said railroad bed on said sections 55 and 56, and completed the same on the 16th day of April, 1888, and which roadbed on said sections 55 and 56 was by the said railroad company, herein defendant, received and accepted. The said defendant corporation, by its contract with said J. S. McTighe & Co., agreed to pay to said J. S. McTighe & Co. the following prices for work and labor to be performed in building and constructing said roadbed on sections 55 and 56, viz.: For clearing and grubbing right of way, $32 per acre; for earth excavation, 29 cents per cubic yard; for overhaul, 2.5 cents per cubic yard; for loose rock, 42 cents per cubic yard; for solid rock, 92 cents per cubic yard; for ballast, 92 cents per cubic yard; for riprap, $1.25 per yard. That in the building and constructing said section 55 said firm of Wm. O'Connor & Co. —
Grubbed 12 acres of land, at $32 per acre $ 380 00
Earth excavation, 10,935 cubic yards, at
29 cents .............................. 3,171 15
Overhaul, 20,713 cubic yards, at 2.5
cents.................................. 517 32
Loose rock, 450 cubic yards, at 42 cents 189 00
Solid rock, 9,903 cubic yards, at 92 cents 612 72
Riprap, 36.5 cubic yards, at $1.25........ 45 62
To building county road .................. 75 00
In building, constructing, and grading
said section 56, said Wm. O'Connor
& Co. cleared and grubbed 11.3 acres
of land, at $32 per acre................ 361 66
Earth excavation, 2,778 cubic yards
at 29 cents ............................. 2,299 12
Loose rock, 305 cubic yards, at 42 cents 128 00
Solid rock, 26,369 cubic yards, at 92
cents .................................. 24,259 48
Ballast, 963 cubic yards, at 92 cents..... 885 96
Side track, 527 cubic yards, at 29 cents 153 41
Grubbing side track....................... 16 00
Clearing Pike creek....................... 138 60
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Total.................................. $42,349 90
Credit................................. 15,186 00
__________
Balance due............................ $27,163 90
"That the same prices, as above set forth, were agreed by J. S. McTighe & Co. to be paid to Wm. O'Connor & Co. for the work and labor to be done. That on the 2d day of April, 1888, the plaintiff, William O'Connor, of the firm of Wm. O'Connor & Co. aforesaid, purchased all the right, title, debt, demand, and interest of the said Wm. O'Connor & Co. and of the said J. S. McTighe, Isaac L. McKee, and M. Holden, plaintiffs, partners in the firm of William O'Connor & Co., in and to their right, claim, and demand for and on account of the work and labor done on sections 55 and 56 aforesaid, and that the plaintiff is now the sole owner of said debt, claim, and demand. That prior to the 16th day of April, 1888, the said J. S. McTighe & Co. contracted with this plaintiff, by which plaintiff was to do the following labor in completing and finishing the roadbed of the said railroad, as follows:
Section 47, to riprapping 118 yards, at
$1.25.................................. $ 147 50
Section 60, to riprapping 208 yards, at
$1.25.................................. 260 00
Section 54, to riprapping 337 yards, at
$1.25.................................. 421 25
Section 46, to riprapping 100 yards, at
$1.25.................................. 125 00
Section 50, to finishing work on roadbed 200 00
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Total................................ $1,153 75
"Plaintiff avers, for the purpose of securing a lien on said railroad, that within ninety days after the completion of said work and labor aforesaid he filed in the office of the clerk of the circuit court of Carter county, Mo., a county through which said railroad is located, verified by his own affidavit, a just and true account of the amount due him by J. S. McTighe & Co. after all just credits had been given, which account stated the amount claimed as due, the general value of the work, the amount of labor performed, the dates when the work and labor was done and performed, the names of the parties with whom the contract for said work was made. viz., the aforesaid J. S. McTighe & Co., and also the said road, the Current River Railroad Company, a corporation organized and existing under and by virtue of the laws of the state of Missouri, against which said lien is intended to apply. That plaintiff within said ninety days did serve a copy of said account on the defendant corporation. Plaintiff avers that there is now due him for the work and labor done and performed, as herein before stated, the sum of $28,313.65. Wherefore plaintiff asks judgment against the defendant corporation for the said sum of $28,313.65, together with interest and costs of suit, and that said amount be declared a lien upon said railroad, against its rolling stock, depot houses and grounds, roadbed, side tracks, etc., or enough thereof to satisfy said judgment, interest, and costs, and for other proper relief."
