L. C. & Mil. Railroad v. Vanderpool
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, JUNEAU COUNTY. This was an action commenced by Abraham Vanderpool against the La Crosse and Milwaukee Railroad Company, Joseph Bailey and L. B. Bloomer & Co., to foreclose a mechanic’s lien claimed upon the railroad bridge across the Wisconsin River at Kilbourn, for lumber furnished by him to Bailey, as sub-contractor, and Bloomer & Co. as contractors for constructing the bridge.
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ERROR TO CIRCUIT COURT, JUNEAU COUNTY. This was an action commenced by Abraham Vanderpool against the La Crosse and Milwaukee Railroad Company, Joseph Bailey and L. B. Bloomer & Co., to foreclose a mechanic’s lien claimed upon the railroad bridge across the Wisconsin River at Kilbourn, for lumber furnished by him to Bailey, as sub-contractor, and Bloomer & Co. as contractors for constructing the bridge. The complaint is in the usual form describing the bridge, the contracts to build, and to furnish the lumber, &c., and describes the bridge as a “ railroad bridge across the Wisconsin river,…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought to enforce a lien upon the railroad bridge of the plaintiff in error, which crosses the Wisconsin river, for materials furnished in building the same. Our statute gives a lien for work done, or materials furnished in the erection or construction of “any dwelling house or other building,” and the only question in this case is, whether the words “ other building” can be construed to include a railroad bridge.
It is conceded that the words of the statute must be construed according to their ordinary and common sense. And the counsel for the defendant…
2Cases cited1 opinion
- Olmsted v. M'NallIndiana Supreme Court · 1845
3Cited by13 opinions
- Clark v. StateWisconsin Supreme Court · 1887
- City of Decatur v. Southern Railway Co.Supreme Court of Alabama · 1913
- Morrison v. AbbottSupreme Court of Minnesota · 1880
- Peterson v. StolzCourt of Appeals of Texas · 1925
- Concord v. MorganSupreme Court of New Hampshire · 1906
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