# Wise v. Connell

> Ohio Court of Appeals · July 1, 1917 · 10 Ohio App. 14

URL: https://www.frixlaw.com/law-library/cases/6673251

## Case

- **Full name:** Wise v. Connell
- **Court:** Ohio Court of Appeals
- **Decided:** July 1, 1917
- **Citations:** 10 Ohio App. 14; 1917 Ohio App. LEXIS 279
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Gorman, Hamilton, Jones
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6673251

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6673251. Public record. Not legal advice.