Huntley Manufacturing Co. v. Michigan Central Railroad
Appellate Court of Illinois
Proceedings under the Mechanic’s Lien Act.—Trial in the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Judgment on demurrer for defendant and bill dismissed for want of equity. Appeal by complainant.
1Opinion of the CourtJustice Sears
Counsel for appellee contend that the demurrer to the intervening petition of appellant was properly sustained, because, they say:
1st. The general mechanic’s lien act does not apply to permit liens upon the property of railroad companies.
2d. If the general mechanic’s lien act could apply, its provisions have not been so complied with as to entitle appellant to a lien.
It is true that, as a general rule, the ordinary mechanic’s lien laws do not embrace railroads. In Wood on Railroads, Vol. 2, Sec. 288, the author says: “ Because of the character of railroads as quasi public highways, and the…
2Cases cited3 opinions
- Buncombe County Commissioners v. TommeySupreme Court of the United States · 1885
- Botsford v. New Haven Middletown & Willimantic RailroadSupreme Court of Connecticut · 1874
- Schulenburg v. Memphis, Carthage & Northwestern R. R.Supreme Court of Missouri · 1878
3Cited by3 opinions
- Prindiville v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1917
- Campbell v. Green & Lombard Lumber Co.Appellate Court of Illinois · 1902
- Standard Radiator Co. v. FoxAppellate Court of Illinois · 1899