Peters v. St. Louis & Iron Mountain R.R. Co.
Decision Date | 31 March 1856 |
Citation | 23 Mo. 107 |
Parties | PETERS, Plaintiff in Error, v. THE ST. LOUIS AND IRON MOUNTAIN RAILROAD CO., Defendant in Error. |
Court | Missouri Supreme Court |
23 Mo. 107
PETERS, Plaintiff in Error,
v.
THE ST. LOUIS AND IRON MOUNTAIN RAILROAD CO., Defendant in Error.
Supreme Court of Missouri.
March Term, 1856.
1. Sec. 12 of the “Act to authorize the formation of railroad associations and to regulate the same,” approved February 24th, 1853, (Sess. Acts, 1853, p. 128,) is applicable to the St. Louis & Iron Mountain Railroad Company, and to all other railroad companies existing under a law of the state.
2. It is constitutional in its application to railroad corporations previously created.
Error to St. Louis Law Commissioners' Court.
The petition in this cause is as follows: “The plaintiff states that Emil Rebhan was a contractor with the defendant from some time previous to the first day of December, 1854, to the 20th of March, 1855, for the construction of that part of the said railroad, in said county of St. Louis, which lies between a point about two hundred feet south of the River des Peres and McGilton's stone quarry, and which is now, and has been for more than a year, in progress of construction; and that the following persons respectively performed for said contractor, as laborers, in constructing said railroad, the following services, at the following times, and for the following prices, rates and amounts, to-wit:
NAMES. |
No. of days. |
WORKING TIME. |
Rate per day. |
AMOUNT. |
1855. | ||||
Anton Kramer |
11 |
From Feb. 10 to Mar. 10, |
$1 00 |
$11 50 |
George Weiland |
9 |
From Feb. 28 to Mar. 20, |
1 25 |
11 25 |
Jacob Mueller |
9 |
From Feb. 22 to Mar. 12, |
1 00 |
9 50 |
Christian Kehling |
13 |
From Feb. 12 to Mar. 19, |
1 00 |
13 00 |
Johann Zepp |
19 3/4 |
From Feb. 7 to Mar. 10, |
1 00 |
19 75 |
Joseph Rederer |
10 |
From Feb. 12 to Mar. 13, |
1 50 |
15 00 |
E. Freudeuruh |
10 |
From Feb. 12 to Mar. 13, |
1 00 |
10 00 |
Jacob Rause |
10 |
From Feb. 22 to Mar. 20, |
1 25 |
12 50 |
Franz Weigdo |
7 |
From Feb. 28 to Mar. 20, |
1 00 |
7 00 |
Larez Speidder |
10 |
From Feb. 10 to Mar. 20, |
1 00 |
10 00 |
Barnbored |
9 |
From Feb. 27 to Mar. 17, |
1 00 |
9 00 |
George Puempel |
15 |
From Feb. 15 to Mar. 20, |
1 00 |
15 00 |
Martin Schultheep |
6 |
From Feb. 27 to Mar. 10, |
1 00 |
6 00 |
[23 Mo. 108]
“The plaintiff further states, that each of said laborers gave notice, in writing, to the said company, within twenty days after the performance of the number of days' labor for which the claim herein set forth is made; that is to say, each of said notices was given by said laborers respectively on the 28th day of March, 1855, and each of said notices stated the amounts respectively and number of days' labor, and the time when said labor was performed for which each claim herein set forth is made, and the said name of said contractor, from whom due, and was signed by each of the laborers, or his attorney, giving said notice, were, on said 28th day of March, 1855, personally served on John Kelly, an engineer employed by said company, having charge of the section of said...
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