Tucker v. Railway Co.
Supreme Court of Arkansas
Appeal from Sebastion Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Action by Tucker against the St. Louis, Iron Mountain & Southern Railway Company. The facts arq stated in the opinion. Under the act of 1887 (Acts 1887, p. 96), a sub-contractor has a lien against a railroad company for labor performed. All persons who are employed under the principal contractor are sub-contractors. 2 Jones on Liens, sec. 1283. No contract with the railroad company is necessary.
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Appeal from Sebastion Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Action by Tucker against the St. Louis, Iron Mountain & Southern Railway Company. The facts arq stated in the opinion. Under the act of 1887 (Acts 1887, p. 96), a sub-contractor has a lien against a railroad company for labor performed. All persons who are employed under the principal contractor are sub-contractors. 2 Jones on Liens, sec. 1283. No contract with the railroad company is necessary. Ib. sec. 1339. Under our statutes, until the passage of this act, all liens were required to be supported by contract…
1Opinion of the CourtBunn, C. J.
This action was brought in the Sebastian circuit court, for the Greenwood district, on the 6th October, 1891, by the appellant against the appellee company, for work and labor done on its railroad, amounting to a balance unpaid of $167.90.
The appellee interposed a general demurrer, on the ground that the complaint does not state facts sufficient to constitute a cause of action against it, which demurrer being by the court sustained, plaintiff rested, judgment was rendered, and he appealed to this court. It was alleged in the complaint that the plaintiff was a laborer and contractor under one…
2Cases cited3 opinions
- Peck v. MillerMichigan Supreme Court · 1878
- M. K. & T. Railway Co. v. BakerSupreme Court of Kansas · 1875
- Dukes v. LoveIndiana Supreme Court · 1884
3Cited by5 opinions
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- Klondike Lumber Co. v. WilliamsSupreme Court of Arkansas · 1903
- Chicago, Rock Island & Pacific Railway Co. v. MooreSupreme Court of Arkansas · 1909
- Thompson v. GloverCourt of Appeals for the Eighth Circuit · 1938
- Little Rock, Hot Springs & Texas Railway Co. v. SpencerSupreme Court of Arkansas · 1898