Purtell v. Chicago Forge & Bolt Co.
Wisconsin Supreme Court
APPEALS from the Circuit Court for La Fayette County. The defendant the Chicago Forge dé Bolt Company, having contracted with, the defendant the Freeport, Doclgeville dé Northern JRaib'oad Comgoany to erect a number of bridges across the Pecatonica river on the line of its railroad, sublet the work to the plaintiff, who erected ten such bridges in La Fayette county, for which the Chicago Forge dé Bolt Company became indebted to him in a sum exceeding $9,000, which is unpaid.
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APPEALS from the Circuit Court for La Fayette County. The defendant the Chicago Forge dé Bolt Company, having contracted with, the defendant the Freeport, Doclgeville dé Northern JRaib'oad Comgoany to erect a number of bridges across the Pecatonica river on the line of its railroad, sublet the work to the plaintiff, who erected ten such bridges in La Fayette county, for which the Chicago Forge dé Bolt Company became indebted to him in a sum exceeding $9,000, which is unpaid. Within thirty days after the performance of such work the plaintiff served on the Freeport, Doclgeville dé Northern…
1Opinion of the CourtLyon, J.
That the legislature has the power to enact laws for the enforcement of liens for labor upon bridges and other structures of a railway company, although the same are part and parcel of its railway or essential to the full and complete operation thereof, cannot, we think, be successfully denied. Such power is found in sec. 1, art. XI, of the constitution, as interpreted by this court in Attorney General v. Railroad Cos. 35 Wis. 425.
That by enacting the present lien laws the legislature intended to exercise that power, and give a lien upon railway bridges for work performed upon them, we cannot…
2Cases cited12 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Harrington v. SmithWisconsin Supreme Court · 1871
- Fallass v. PierceWisconsin Supreme Court · 1872
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Hanson v. EichstaedtWisconsin Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Strike v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1897
- Pittsburg Testing Laboratory, Ltd. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
4 more not listed; retrieve them via the Exa API.