Wheeler v. Pierce, Kelley & Co.

Citations

• 167 Pa. 416
• 31 A. 649
• 1895 Pa. LEXIS 923

Syllabus

<p>[Marked, to be reported.]</p> <p>Mechanic's Ken — Character of structure — Act of June 16, 1836.</p> <p>If a structure is of such a substantial and permanent character that it may in any reasonable sense be known as a building, it may be incumbered by a mechanic’s lien under the act of June 16, 1836, P. L. 696.</p> <p>Defendants owned a blast furnace plant, consisting of stock house, casting house, hot blast, engine house, two systems of boilers, one on each side-of the engine house, near but not contiguous to it, offices, shops and other structures, all of which were located as compactly together as practicable for the manufacture of pig iron, but not inclosed by the same walls, nor covered by the same roof. Some years after this plant was constructed defendant erected a battery of boilers in close proximity to the old boilers. The structure consisted of a stone foundation, commenced below the surface of the ground, with brick walls above the ground, in which were doors and other openings to the fire and heating chambers. The boilers were above the furnace. The brick wall extended to the top of the boilers, and supported a brick arch which, with the top of upper tier of boilers, formed the only covering the structure had. The space within the structure was fully occupied by the furnace and boilers. The water and steam connections were made with the same pipes with which the water and steam pipes of the old boilers were connected, but these connections were independent of the old plant, and could be used without them. Held, (1) that the structure was a building within the meaning of the act of June 16, 1836, and could be subjected to a mechanic’s lien; (2) that a mechanic’s lien could also be sustained against it for machinery or fixtures furnished to ironworks under the act of April 21, 1856, P. L. 496; (3) that the structure was not an addition, alteration or repair within the meaning of the act of May 18,1887, P. L. 118, which required notice to be given of an