Knapp v. St. Louis, Kansas City, & Northern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The lien was properly filed upon that portion of the road covered by the contract of the original contractor. — Canal Co. v. Gordon, 6 Wall. 561. The materials were proper subjects for the lien. — Harlan v. Rand, 27 Pa.
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Appeal from St. Louis Circuit Court. The lien was properly filed upon that portion of the road covered by the contract of the original contractor. — Canal Co. v. Gordon, 6 Wall. 561. The materials were proper subjects for the lien. — Harlan v. Rand, 27 Pa. St. 511; Morrison Y- Hancock, 40 Mo. 561; Weber v. Weatherby, 34 Md. 656 ; McCarty v. McCarty, 49 111. 53 ; Greenway v. Turner, 4 Md. 296 ; Allen v. Sales, 56 Mo. 28 ; Colliers v. Gest, 47 Mo. 495; Tucker v. Gest, 46 Mo. 339. A lien could not be enforced against a portion of the railroad.— Cox v. Railroad Co., 44 Cal. 18 ; Dunn v. Railroad…
1Opinion of the CourtLewis, P. J.
This is a proceeding to establish a lien on the road-bed of defendant’s branch railroad from Ferguson Station to Rock Springs in St. Louis County, on account of lumber furnished to the contractor for building the branch. It appeared from the contract shown in evidence that the contractor’s undertaking was limited to the performance of earthwork, grubbing, clearing, excavating, and hauling. The testimony tended to show that the lumber, was used in temporary constructions for the contractor’s convenience in doing the earthwork, and never became part of the completed structure. Some of it was…
2Cases cited3 opinions
- Canal Co. v. GordonSupreme Court of the United States · 1868
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1872
- Macon & Western R. R. v. ParkerSupreme Court of Georgia · 1851
3Cited by6 opinions
- E. R. Darlington Lumber Co. v. Westlake Construction Co.Missouri Court of Appeals · 1911
- Rapauno Chemical Co. v. Greenfield & Northern Railway Co.Missouri Court of Appeals · 1894
- Andrews v. St. Louis Tunnel RailroadMissouri Court of Appeals · 1884
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- United States ex rel. Samuel Hastings Co. v. LowranceDistrict Court, E.D. Arkansas · 1916
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