Midland Valley Railroad v. Moran Bolt & Nut Manufacturing Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT' 0E EACTS. The Moran Bolt & Nut Manufacturing Company, a Missouri corporation, sued to obtain and enforce a lien for material furnished to Mike Kelly, a subcontractor, in the construction of the Midland Valley Railroad Company, making Kelly, his principal, the Cherokee Construction Company, and the railroad company parties defendant.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT' 0E EACTS. The Moran Bolt & Nut Manufacturing Company, a Missouri corporation, sued to obtain and enforce a lien for material furnished to Mike Kelly, a subcontractor, in the construction of the Midland Valley Railroad Company, making Kelly, his principal, the Cherokee Construction Company, and the railroad company parties defendant. The complaint alleged that defendant railroad company was engaged in constructing its railroad through a part of Sebastian County, Arkansas, to Stigler, Indian Territory; that it let the…
1Opinion of the CourtHill, C. J.
1. The appellant claims that there is no lien under the railroad lien act in favor of .a materialman who furnishes a subcontractor. In St. Louis, I. M. & So. Ry. Co. v. Love, 74 Ark. 528, the court was called upon to construe this statute, and therein held that the statute “gives a lien * * * (3) to any .person who furnishes material which enters into the construction, equipment or repair of the railroad, whether furnished to the contractor or subcontractor, or directly to the railroad company.” It is pointed out that this exact question was not before the court in the Love case, and that is…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Kansas City, Pittsburg & Gulf Railway Co. v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1900
- Knapp v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Birmingham Iron Foundry v. Glen Cove Starch Manufacturing Co.New York Court of Appeals · 1879
- St. Louis Bridge & Construction Co. v. Memphis, Carthage & Northwestern RailroadSupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Albert and Harlow Inc. v. Great Northern Oil Co.Supreme Court of Minnesota · 1969
- McDearmon v. Gordon & GremillionSupreme Court of Arkansas · 1969
- Wright v. NewmanDistrict Court, W.D. Arkansas · 1982
- Peak v. International Harvester Co. of AmericaMissouri Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.