Esterley's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of sheriff’s sale of the colliery of William C. Smith. Smith was the lessee of a colliery. Prior to 1863 the colliery consisted of a slope worked down “ one lift.” The coal having been worked out of this lift, the slope was sunk another lift.
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Appeal from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of sheriff’s sale of the colliery of William C. Smith. Smith was the lessee of a colliery. Prior to 1863 the colliery consisted of a slope worked down “ one lift.” The coal having been worked out of this lift, the slope was sunk another lift. New machinery, &c., including railroad tracks along the new gangways which were driven along the mine from the bottom of the slope, were erected. For these tracks Daniel L. Esterley the appellant, who was a hardware merchant, furnished the spikes, his bill…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The Mechanics’ Lien Statute of 16th June 1836, is founded upon the common-law principle which gave to every bailee of chattels for hire, who by his labor and skill has imparted an additional value to the goods, a particular lien upon the goods for his reasonable charges. But the statute applies this principle to real estate — houses and lands — and regulates the mode of its application. “ Every building erected” shall be subject, says the statute, to a lien for debts contracted for work done and materials furnished, and such lien shall…
2Cases cited1 opinion
- Lowther v. LawrenceOhio Supreme Court · 1833
3Cited by2 opinions
- Buck v. HANKINSuperior Court of Pennsylvania · 1970
- Orth v. West View Oil Co.Supreme Court of Pennsylvania · 1893