429.550. Railroad liable to subcontractors, laborers, when.
Railroad liable to subcontractors, laborers, when.
429.550. Whenever any contractor for the construction of anypart of a railroad which is in process of construction, or anycontractor for the repairing of any part of a railroad, shall beindebted to any subcontractor or laborer, or other person, whoshall do or perform any work or labor upon or furnish anymaterials for said road, such subcontractor or laborer, or otherperson, may give notice of such indebtedness to said company inthe manner herein provided; and said company shall thereuponbecome liable to pay such subcontractor or laborer, or otherperson, the amount so due, and action may be maintained againstsaid railroad therefor; such notice shall be given by saidsubcontractor, laborer or other person, within twenty days afterthe performance of the labor or work, or the delivery of thematerials, for which the claim is made; such notice shall be inwriting, and shall state the amount and number of days' labor orwork, and the amount, description and quantity of materialsfurnished and the time when the said labor or work was performed,and the time when the said materials were furnished, for whichthe claim is made, and the name of the contractor from whom due,and shall be signed by such subcontractor, laborer or otherperson, or their attorney, and shall be served on an engineer,agent or other person employed by said company having charge ofthe section of the road on which said labor or work wasperformed, or such material furnished, personally, or by leavingsaid notice in the office or usual place of business of suchengineer, agent or person having charge, with some person overfifteen years of age; but no action shall be maintained againstany company under the provisions of this section unless the samebe commenced within ninety days after notice is given to thecompany by such subcontractor or laborer, as above provided.
(RSMo 1939 § 5159)Prior revisions: 1929 § 4686; 1919 § 9876; 1909 § 3075