Standard Accident Ins. Co. v. United States for Powell, 302 U.S. 442 (1938)

Standard Accident Insurance Co. v. United States for Powell

No. 41

Argued December 8, 1937
Decided January 3, 1938
302 U.S. 442

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. A claim of a common carrier by railroad for unpaid freight charges, due for transportation of materials used in the construction of a federal building, is one for "labor and materials" within the meaning of the Act of August 13, 1894, as amended, and is covered by a contractor’s bond given pursuant to that Act. Pp. 443-444.

2. The Act is to be liberally construed for the protection of those who furnish labor or materials for public works. P. 444.

3. That the carrier might have enforced payment of its charges by withholding delivery is not reason for excluding it from the benefit of the Act. P. 444.

89 F.2d 658 affirmed.

Certiorari, post, p. 664, to review a judgment affirming a judgment against the insurance company as surety on a public contractor’s bond.