Opinion

Wise v. Connell

  • 10 Ohio App. 14
  • 1917 Ohio App. LEXIS 279
Court
Ohio Court of Appeals
Filed
Jul 1, 1917
Status
Published
On the bench
Gorman, Hamilton, Jones
Cited by
1 cases
Authority
More cited than 46.0%

The opinion

By the Court.

The question to be determined in this error proceeding is whether or not one who has furnished a steam shovel to a sub-contractor of a head contractor employed to furnish gravel and dirt to a railroad company for the maintenance and repair of its roadbed is entitled to a lien upon the funds in the hands of the railroad company due to the head contractor, under the provisions of Sections 8343 to 8351, inclusive, General Code.

Section 8351 provides:

“The provisions of the next six preceding sections apply to and include any person who furnishes * * * tools or implements * * * on *15 the order of any * * * sub-contractor, for their own use, or the use of persons employed by them * * * while furnishing materials or labor for or in construction of such railroad.”

We hold that the furnishing of gravel or dirt in the maintenance and repair of a railroad comes within the meaning of “construction” of a railroad, and that the defendant in error, William L. Connell, who furnished the steam shovel to the subcontractor of the plaintiff in error, is entitled to a lien upon the funds in the hands of the railroad ■company.

We think this conclusion is fully supported on the authority of M., K. & T. Ry. Co. v. Brown, 14 Kans., 447 ; The A., T. & S. F. Rd. Co. v. McConnell et al., 25 Kans., 370 , and Bell et al. v. Maish, Treas., et al., 137 Ind., 226 .

The judgment of the court of common pleas is affirmed.

Judgment affirmed.

Jones, Gorman and Hamilton, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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