Standard Oil Co. v. Lane

Citation44 N.W. 644,75 Wis. 636
PartiesSTANDARD OIL CO. v. LANE ET AL.
Decision Date28 January 1890
CourtUnited States State Supreme Court of Wisconsin

OPINION TEXT STARTS HERE

Appeal from circuit court, Bayfield county; J. K. PARISH Judge.Lamoreux & Gleason, for appellant.

Miles & Shea, for respondents.

COLE, C. J.

We think the decision of the court below, holding that the plaintiff was not entitled to a lien for its debt, was correct and must be affirmed. Its claim was for lubricating oil sold, to be used, and actually used, on the machinery in the mill situated on the premises described in the complaint. There is no dispute about the facts of the case. The only question is, does the statute give a lien for the claim for oil furnished for such purpose? It is contended on the part of the plaintiff that it does, because, it is said, the oil was necessary to protect the machinery against the effects of friction while it was in motion, and to prevent it from wearing out. The solution of the question involved, depends entirely upon the construction of the statute giving mechanics' liens. The statute provides, in effect, that every person who, as principal contractor, architect, etc., performs any work or furnishes any materials in or about the erection, construction, protection, or removal of any dwelling-house or other building, or any machinery erected or constructed so as to be or become a part of a freehold upon which it is to be situated, shall have a lien for such labor and materials. Section 3314, as amended. See 2 Sanb. & B. Ann. St. 1841. Lubricating oil sold to be used, and actually used, in operating mill machinery, may protect such machinery against the effects of friction, and thus preserve it from injury. But is it the intent of the statute to give a lien for everything used on machinery which may protect it, and preserve it or keep it from wearing out? The statute seems to go on the principle that materials used and labor performed on machinery which enhance its value, and become a part of such machinery, should be entitled to a lien. This appears to be the object of the statute. It is clear that it is not everything used in operating machinery, and which tends to preserve it, that is embraced within the meaning of the statute. Many things may serve to preserve machinery, and make it operate more efficiently and easily, which do not protect it in the sense of the statute. Illustrations of this view were given on the argument, and others might be suggested. It will be noticed that the word “protecti...

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21 cases
  • Mcelrath & Rogers v. W. G. Kimmons & Sons
    • United States
    • Mississippi Supreme Court
    • April 11, 1927
    ... ... 474, 488 ... (certiorari denied 241 U.S. 670, 60 L.Ed. 1230). See, also, ... Empire State Surety Co. v. Des Moines, 131 N.W. 870; ... Standard Boiler Works v. Nat'l Surety Co ... (Wash.), 43 L. R. A. 162; Kansas City v ... Youmans, 213 Mo. 151, 112 S.W. 225; Basshor v ... Baltimore, ... U. S. F. & G. Co., 103 So. 224; Central Trust Co. v ... Texas, etc., R. R. Co. (C. C.), 27 F. 178; Standard ... Oil Co. v. Lane, 75 Wis. 636, 44 N.W. 644, [146 Miss ... 780] 7 L. R. A. 191; Newgrass v. Atlantic, etc., Ry. Co ... (C. C.), 56 F. 676; Giant Powder Co. v ... ...
  • Kansas City To Use of Kansas City Hydraulic Press Brick Company v. Youmans
    • United States
    • Missouri Supreme Court
    • June 26, 1908
    ... ... affirmed, per curiam, in 178 N.Y. 581; Philadelphia v ... Malone, 214 Pa. St. 90; Oppenheimer v. Morrell, ... 118 Pa. St. 189; Standard Oil Co. v. Lane, 75 Wis ... 636; Holter Hdw. Co. v. Ontario Min. Co., 24 Mont ... 198; U. S. v. City Trust, Safe Dep. & Security Co., ... ...
  • Chamberlain v. City of Lewiston
    • United States
    • Idaho Supreme Court
    • December 21, 1912
    ... ... Liens, sec. 18; Basshor v. Baltimore etc. R. R. Co., ... 65 Md. 99, 3 A. 285; Oppenheimer v. Morrell, 118 Pa ... 189, 12 A. 307; Standard Oil Co. v. Lane, 75 Wis ... 636, 44 N.W. 644, 7 L. R. A. 191; Stimson Mill Co. v. Los ... Angeles Traction Co., 141 Cal. 30, 74 P. 357; Goodman v ... ...
  • S. Sur. Co. v. Metro. Sewerage Comm'n
    • United States
    • Wisconsin Supreme Court
    • January 13, 1925
    ...statute denied a lien for coal. That lubricating oil used on mill machinery is not lienable was held in Standard Oil Co. v. Lane, 75 Wis. 636, 44 N. W. 644, 7 L. R. A. 191.Machinery. [4] The Mertes Machinery Company was allowed the purchase price of cars and picks, aggregating $28 and a bal......
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