George Alling'S Sons Co. v. Cheshire Street Railway Co.
Supreme Court of Connecticut
Action to foreclose a mechanic’s lien on an electric railway, its property and franchises, brought to and tried by the Superior Court in New Haven County, Curtis, J., upon an agreed statement of facts; judgment for the plaintiff, and appeal by the defendants.
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Action to foreclose a mechanic’s lien on an electric railway, its property and franchises, brought to and tried by the Superior Court in New Haven County, Curtis, J., upon an agreed statement of facts; judgment for the plaintiff, and appeal by the defendants. This is an action against an electric street-railway company to foreclose a lien claimed to be given the plaintiff by § 4140 of the General Statutes, which is as follows: “If any person shall have a claim for materials furnished or services rendered for the construction of any railroad, or any of its appurtenances, under any contract…
1Opinion of the CourtHall, J.
The demurrer to the entire complaint was properly overruled. Certainly the averments of paragraph 3 of the first count are sufficiently broad to permit the plaintiff to prove that its agreement with The Walther-Burke Construction Company was approved by the defendant.
The plaintiff was not required to file a certificate of lien with the town clerk of every town in which the railroad propery was situated. To relieve the lienor, in cases of liens upon railroads, from filing an unnecessarily large number of certificates was evidently the purpose of the exception of § 4140 requiring the…
2Cases cited4 opinions
- Barlow Brothers Co. v. GaffneySupreme Court of Connecticut · 1903
- Alderman v. Hartford & New York Transportation Co.Supreme Court of Connecticut · 1895
- Spaulding v. Thompson Ecclesiastical SocietySupreme Court of Connecticut · 1858
- Egan v. Cheshire Street Railway Co.Supreme Court of Connecticut · 1905
3Cited by1 opinion
- Seaman v. Climate Control Corp.Supreme Court of Connecticut · 1980