Legal Opinion

McNulty Bros. v. Pennsylvania R. R.

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 193PublishedCited by 6 opinions

Appeal, No. 193, Oct. T., 1921, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1917, No. 1092, for defendant n. o. v., in case of McNulty Bros. Co. v. Pennsylvania R. R. Co. et al. Scire facias sur mechanic’s lien. Before Stone, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff. Judgment for defendant n. o. v. Plaintiff appealed. Error assigned was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

In 1914 the defendant railroad company let a contract to J. E. & A. L. Pennock for the construction of a freight station and office building on the southeast corner of Federal and North Canal streets, Pittsburgh, and the plaintiff, McNulty Brothers Company, had a subcontract for the plastering. The contractors failed and plaintiff filed a mechanic’s lien against the office building for work done and material furnished in its construction; this suit is a scire facias issued on said lien. The jury found for the plaintiff, but later the court in banc entered…

2Cases cited12 opinions

  1. Philadelphia v. BarberSupreme Court of Pennsylvania · 1894
  2. Board of Home Missions & Church Extension of the Methodist Episcopal Church v. PhiladelphiaSupreme Court of Pennsylvania · 1920
  3. Foster & Co. v. Fowler & Co.Supreme Court of Pennsylvania · 1869
  4. Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1908
  5. Guest v. Merion Water Co., Pennsylvania Court of Common Pleas, Montgomery County1891

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3Cited by6 opinions

  1. Cornerstone Land Development Co. of Pittsburgh LLC v. Wadwell GroupSuperior Court of Pennsylvania · 2008
  2. Mount Union Borough v. KunzSupreme Court of Pennsylvania · 1927
  3. Bachrach v. Huntingdon & Broad Top Mountain R. R. & Coal Co.Supreme Court of Pennsylvania · 1926
  4. Carter-Jones Lumber Co. v. Northwestern PA Humane SocietyCommonwealth Court of Pennsylvania · 2006
  5. Chesapeake Thermite Welding, LLC, d/b/a CTW v. DOTCommonwealth Court of Pennsylvania · 2022

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