Anderson v. Great Northern Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to establish certain liens against railroad ties and to assess the amount of damages sustained by the plaintiff by reason of the eloignment of the ties by the defendant and to have the amount of damages trebled. Judgment for the defendant. Plaintiff appealed. The lien in favor of these six men was created and came into existence when the work was done.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to establish certain liens against railroad ties and to assess the amount of damages sustained by the plaintiff by reason of the eloignment of the ties by the defendant and to have the amount of damages trebled. Judgment for the defendant. Plaintiff appealed. The lien in favor of these six men was created and came into existence when the work was done. The filing of the statement of the claims for the lien does not create the lien but merely perpetuates it. (25 Cyc. 1588; Viles…
1Opinion of the CourtAilshie, C. J.
The appellant commenced this suit on six alleged causes of action which had been assigned to him, and on a seventh in his own favor. A demurrer was sustained to each cause of action and judgment of dismissal was entered, and this appeal was thereupon prosecuted.
One Lee Decker was employed by respondent to take 13,655 railroad ties from where they were stacked on respondent’s right of way and remove them a few hundred feet and load them on to respondent’s cars. In doing the work involved in this contract, Decker employed six men and secured groceries and supplies from appellant for the use of…
2Cases cited13 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Christopher v. MungenSupreme Court of Florida · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
- State v. RonesSupreme Court of Louisiana · 1953
- Curoe v. Spokane & Inland Empire RailroadIdaho Supreme Court · 1920
- Golconda Lead Mines v. NeillIdaho Supreme Court · 1960
18 more not listed; retrieve them via the Exa API.