Graham v. Mt. Sterling Coalroad Co.
Court of Appeals of Kentucky
CASE 49 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. Section 1, chapter 70, General Statutes, it is contended, is broad enough to secure a lien in favor of appellants.
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion oe the court.
This is an attempt by appellants to enforce a mechanic’s lien against some of the bridges, culverts, trestles, etc., of the Mt. Sterling Coalroad Company.
To give to .the mechanics’ lien law a construction that would allow enforcement of mechanics’ liens on such structures would destroy the usefulness of these roads, so valuable to the public.
This court decided in Applegate, &c. v. Ernst, &c., 3 Bush, 650, that a “ railroad, from one end to the other, is an entirety, and, as a whole only, may be subject to taxation or coercive sale. Fragmentary…
2Cases cited2 opinions
- Elizabethtown & Paducah R. R. Co. v. Trustees of ElizabethtownCourt of Appeals of Kentucky · 1876
- Louisville & Nashville Railroad v. Warren County CourtCourt of Appeals of Kentucky · 1868
3Cited by8 opinions
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Cum. Telep. & Teleg. Co. v. HopkinsCourt of Appeals of Kentucky · 1906
- City of Decatur v. Southern Railway Co.Supreme Court of Alabama · 1913
- Tod v. Kentucky Union Ry. Co.Court of Appeals for the Sixth Circuit · 1892
- Pennsylvania Steel Co. v. J. E. Potts Salt & Lumber Co.Court of Appeals for the Sixth Circuit · 1894
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