Rider-Ericsson Engine Co. v. Fredericks
Superior Court of Pennsylvania
Appeal, No. 22, Feb. T., 1904, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1901, No. 40, on verdict for defendant in case of Rider-Ericsson Engine Co. v. John T. Fredericks et al., Executors of Henry Brown, Owner, and W. McConnell, Contractor. Scire facias snr mechanic’s lien. Before Dunham, P. J. The opinion of the Superior Court states the case. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 22, Feb. T., 1904, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1901, No. 40, on verdict for defendant in case of Rider-Ericsson Engine Co. v. John T. Fredericks et al., Executors of Henry Brown, Owner, and W. McConnell, Contractor. Scire facias snr mechanic’s lien. Before Dunham, P. J. The opinion of the Superior Court states the case. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various portions of the charge and answers to points.
1Opinion of the Court
Per Curiam,
When the claimant in a mechanic’s lien has complied with all the provisions of the statute it is presumed that the materials were furnished or the work was done, on the credit of the building. This is a rebuttable presumption, but the general rule is that the burden of showing that it is not in accordance with the fact is cast on the defendant: Green v. Thompson, 172 Pa. 609; Dougherty v. Loebelenz, 9 Pa. Superior Ct. 344. But while the claimant may rest his case upon proof that the materials were furnished for and entered into the construction of the building, yet if he goes…
2Cases cited2 opinions
- N. Green & Co. v. ThompsonSupreme Court of Pennsylvania · 1896
- Dougherty v. LoebelenzSuperior Court of Pennsylvania · 1899
3Cited by2 opinions
- Irons v. SnyderSuperior Court of Pennsylvania · 1912
- Green Hills Lumber Co. v. Williams, Pennsylvania Court of Common Pleas, Alleghany County1963