Legal Opinion

Giant Powder Co. v. Oregon Western Ry. Co.

Oregon Supreme Court

Decided July 11, 1911PublishedCited by 2 opinions

From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by the Giant Powder Company, Consolidated, against the Oregon Western Railway Company, a corporation, and the C. E. Loss Company, a corporation.

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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by the Giant Powder Company, Consolidated, against the Oregon Western Railway Company, a corporation, and the C. E. Loss Company, a corporation. The facts are as follows: At the commencement of this suit, defendant, Oregon Western Railway Company, an Oregon corporation, was engaged in the construction of a railroad from the town of Drain, Oregon, westerly to Winchester Bay, in Douglas County, a distance of about 50 miles. The C. E. Loss Company, an incorporated construction company of California, had…

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

The mechanic’s lien law of this State, enacted in 1885 (Section 7416, L. O. L.), gives to mechanics, laborers, and materialmen liens for work or materials furnished in the construction of “any building, wharf, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, or any structure or superstructure.” On February 25, 1889, another law was enacted, section 1 of which (Section 7429, L. O. L.) provides that:

“Any and all person or persons who shall hereafter as subcontractor, materialman, or laborer furnish to any contractor to any railroad corporation any…

2Cases cited11 opinions

  1. Buncombe County Commissioners v. TommeySupreme Court of the United States · 1885
  2. Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
  3. Giant-Powder Co. v. Oregon Pac. Ry. Co.District Court, D. Oregon · 1890
  4. Forbes v. Willamette Falls Electric Co.Oregon Supreme Court · 1890
  5. Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Pankey v. National Surety Co.Oregon Supreme Court · 1925
  2. George v. Oregon, California & Eastern Railway Co.Oregon Supreme Court · 1926

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