Young v. Omaha, Kansas City & Eastern Railroad
Young v. Omaha, Kansas City & Eastern Railroad
Opinion of the Court
The defendant has appealed from a judgment of eighteen dollars which the plaintiff recovered against it on account of work done at defendant’s roundhouse in the city of Milan from February 8 to 14, 1898 — six days and six nights.
The question is whether or not the trial court erred in sending the case to the jury — it being defendant’s contention that there was no evidence to justify a verdict against it.
After examining the record and the evidence brought out at the trial, we feel constrained to let the .judgment stand. That the plaintiff did the work, and that it was reasonably worth the amount- charged, is not disputed. But for defendant it is insisted that the services performed were for and on account of another corporation or company; that plaintiff was not in the employ of defendant, but in that of the so-called “Missouri Railway Construction Company,” who in fact had paid the plaintiff in full for the work.
It seems that in the summer of 1897 the citizens of Milan raised a sum of money by subscription to build a roundhouse
The issue thus squarely made between the parties was fairly submitted to the triers of the facts and was by them decided in plaintiff’s favor. This then must end the controversy. And as to the question of payment, this too was fairly submitted on conflicting evidence and on a proper instruction.
Ve discover no reason for disturbing the judgment and it will therefore be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.