14 Kan. 563 | Kan. | 1875
The opinion of the court was delivered by
This case resembles in many respects the one of the same plaintiff in error against M. Gr. Brown, just decided; (ante, p. 557.) The contractor, and the work contracted for, were the same. There is however one material difference between the two cases, a difference which is fatal to the claim of the defendant in error. The debts for which Brown’s action was brought were debts to laborers. Baker sues for services rendered the contractor as “time-keeper,” and “superintendent.” Is such a debt one within the scope of the act? We think not. The act provides that the railroad company shall take from the contractor a “bond, conditioned that such person shall pay all laborers, mechanics, and material-men, and persons who supply such contractor with provisions or goods of any kind, all just debts due to such persons,” etc., and in case of a failure to take such bond that the company “shall be liable to the persons herein mentioned to the full extent of all such debts so contracted by such contractor.” (Laws of 1872, p. 286, §1.) This act does not provide that the company shall be responsible for all debts contracted by the contractor, but, only those to certain classes of persons. Now the only class in which Baker can by any sort of construction be placed, is described by the term “ laborers.” Doubtless this term is often used in an enlarged sense, as embracing all persons who perform any kind of labor, physical or mental. In that sense any professional or literary man is a laborer; and in that sense Baker, as “time- • keeper” and “superintendent,” was a laborer. But it is very apparent that it is not used in any such sense here. If it
We think therefore the railroad company was not liable for the demand sued on in this action, and the judgment must be reversed.