Gordon Hardware Co. v. San Francisco & San Rafael Railroad

Upon further consideration of this case, we are satisfied that the conclusion we reached on the former hearing—viz., that the claim of lien was not filed within thirty days after the completion of the work— was based upon a misapprehension as to the evidence. The claim was filed June 18, 1884. While it is true the work done after May 17th was work not contemplated by the contract, it nevertheless appears that it was done under the direction of the chief engineer, and that the obligations of the contractor to the company were not *622 extinguished until the débris which he had placed upon Mr. Porter’s lot was removed therefrom. The testimony of Mr. Walsh on this subject consists largely of conclusions; but it went in without objection, on that ground, and, as against a motion for nonsuit, must be considered as sufficient to establish appellant’s contention that the work was not completed until June 2d. He testified as follows: “The work on the railroad under the contract was completed June 2, 1884. The last two weeks of the work were occupied in moving rock which had been dumped at the end of the tunnel in section No. 1, on Mr. Porter’s ground, contrary to the terms of the…