Dunn v. North Missouri Railroad
Supreme Court of Missouri
cAppeal from Si. Louis Land Court. This was an action by scire facias to enforce a lien alleged by plaintiff to exist upon certain culverts belonging to the North Missouri Railroad Company, for the construction of which plaintiff had furnished materials, and upon which he had performed work and labor. The defendants demurred to the writ on the ground that there was “ no - law authorizing a lien on the culverts of a railroad.” The demurrer was sustained. cited Sess.
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cAppeal from Si. Louis Land Court. This was an action by scire facias to enforce a lien alleged by plaintiff to exist upon certain culverts belonging to the North Missouri Railroad Company, for the construction of which plaintiff had furnished materials, and upon which he had performed work and labor. The defendants demurred to the writ on the ground that there was “ no - law authorizing a lien on the culverts of a railroad.” The demurrer was sustained. cited Sess. Acts, 1843, p. 83 ; 5 Rawle, 313 ; Sess. Acts, 1857, p. 668.
1Opinion of the CourtScott, Judge
The question in this case does not turn on the signification of the words, '“buildings or other improvements” in the first section of the ¡ ¡ of February 24th, 1843, for the security of *494mechanics and others erecting buildings or furnishing materials in St. Louis county. It might be conceded that those words are sufficiently comprehensive to include bridges and culverts, and still the question would recur, whether a material man or laborer, under the above mentioned act, has a lien for materials furnished or services rendered in the construction of a public railway authorized by an act of the…
2Cited by13 opinions
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Knapp v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Abercrombie v. ElySupreme Court of Missouri · 1875
- Hill v. La CrosseWisconsin Supreme Court · 1860
- Southern Electrical Supply Co. v. Rolla Electric Light & Power Co.Missouri Court of Appeals · 1898
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