Adams v. Grand Island & W. C. R.

Citations

• 10 S.D. 239
• 72 N.W. 577
• 1897 S.D. LEXIS 49

Syllabus

<p>1. Comp. Laws, § 5471, gives a lien to one who performs labor in the construction of a railroad, under a contract with the owner, contractor, or subcontractor, and provides that such person may file with the clerk in the county where the property is situated, within 60 days after the last day of the month in which such labor was performed, a lien which shall be binding on the erection, excavation, embankment, bridges, road-bed, or right of way, and on the land, etc., “in the county or judicial subdivision in which the same is filed. In case the lien is sought to be enforced against the owner, the iiabilitv shall not be greater than his liability would have been to the contractor at the time the labor was performed,” etc. Held, that the liability of the owner for labor performed under a contract with a contractor or subcontractor is limited to the amount due from the owner to such contractor or subcontractor under the contract or subcontract at the time the services were performed.</p> <p>2. Comp. Laws, § 5485, declares every person aiding to construct a railroad pursuant to a contract not made “directly with the owner, proprietor, his agent or trustee,” to bo a “subcontractor.” Section 5470 requires that, in order to avail himself of the benefit of the mechanic’s lien law, he must file with the clerk of the circuit court of the county or judicial subdivision in which the building, erection or other improvement to be charged with the lien is situated, a just and true account of the demand due him, after allowing all credits, and containing a correct description of'the property to be charged with said lien. Held, that, where a subcontractor performs labor on one section only of a railroad, the “property to be charged” with his lien is the entire road, and not merely the one section.</p>