Stewart-Chute Lumber Co. v. Missouri Pacific Railway Co.
Nebraska Supreme Court
Appeal from the district court for Lancaster county. Heard below before Field, J. Sec. 2, art. 2., ch. 54, Comp. Stats., providing for a lien for laborers and material men, is a remedial statute and should be liberally construed. (Rogers v. Omaha Hotel Co., 4 Neb., 48.) The evident intention of the legislature, as gathered from the act itself, was that a railroad company should see that all material used in construction was paid for by the contractor.
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Appeal from the district court for Lancaster county. Heard below before Field, J. Sec. 2, art. 2., ch. 54, Comp. Stats., providing for a lien for laborers and material men, is a remedial statute and should be liberally construed. (Rogers v. Omaha Hotel Co., 4 Neb., 48.) The evident intention of the legislature, as gathered from the act itself, was that a railroad company should see that all material used in construction was paid for by the contractor. Such intention is defeated by the narrow construction of the court below, that the material must have been made a permanent part of the…
1Opinion of the CourtCobb, J.
This cause was appealed by the plaintiff from the judgment of the district court of Lancaster county.
The appellant is a private corporation under the laws of Illinois, doing business in this state as the Stewart-Chute Lumber Company.
It alleges that the Missouri Pacific Railway Company is a corporation operating its lines in this state, and that the firm of Casement, Carlile & Co. is a copartnership doing *42business in this state, which, with Marcus Kavanaugh, are made defendants.
It sets up that the railway company was engaged in constructing its line between Weeping Water, in, Cass county, and…
2Cases cited1 opinion
- Winslow v. UrquhartWisconsin Supreme Court · 1875
3Cited by7 opinions
- Fidelity & Deposit Co. v. Mattingly Lumber Co.Court of Appeals of Maryland · 1939
- Hercules Powder Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1904
- S. B. Luttrell & Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1907
- Carpenter v. McCord Lumber Co.Wisconsin Supreme Court · 1900
- Nelson v. DowntainCourt of Appeals of Texas · 1922
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