Reagan v.Pacific R.R.
Citation | 21 Mo. 30 |
Parties | REAGAN, Respondent, v. THE PACIFIC RAILROAD, Appellant. |
Decision Date | 31 March 1855 |
Court | United States State Supreme Court of Missouri |
1. The burden of proof is on the party seeking to subject a railroad company to liability as garnishee in a suit against a contractor, to show facts which would have enabled the contractor himself to maintain a suit against the company.
Appeal from St. Louis Law Commissioner's Court.
The case is stated in the opinion of the court.
P. E. Burke and John Decker, Jr., for appellant.
Lewis & Henning, for respondent.
Reagan sued Matthew H. Ryan and John Powers, before a justice of the peace, by attachment, and garnished the Pacific Railroad Company. He obtained judgment against the defendants, and also against the garnishee; from this judgment an appeal was taken to the law commissioner's court. The plaintiff recovered judgment on the appeal, which was, on motion, set aside, and a new trial ordered. The plaintiff again recovered judgment against the garnishee, who brings the case here by appeal.
Matthew H. Ryan and John Powers were contractors of the Pacific Railroad Company, under special contract to do the graduation and masonry on sections seven and eight of said road. This contract was made by them in the name of Matthew H. Ryan & Co. The contract was partly in writing and partly in print, and contained numerous specifications, or, more properly, sections under the general head of specifications. Some of these will be noticed as of importance, and others not, in this opinion.
&c.
&c.
The contract was dated 24th December, 1851. The bill of exceptions shows that there was but one witness examined. He was the chief engineer of the Pacific Railroad Company. From his testimony, it appears that Ryan was the acting man; that about the time of...
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