Wheeler v. Pierce, Kelley & Co.
Wheeler v. Pierce, Kelley & Co.
Opinion of the Court
Opinion by
We agree with the opinion of the learned court below which contains a full exposition and classification of the decisions applicable to this class of cases, and only add some matters in response to the contention of the appellants. The battery of boilers in question is completely within a structure which is an independent erection, standing on its own stone foundations, and built of brick, in size thirteen and two tenths feet by sixteen and nine tenths feet, and twenty feet high. While the exterior structure is an essential part of the boiler plant itself,
It is true there is no building erected around and over the boiler plant to protect it from the weather. But upon that subject, in Short v. Miller, 120 Pa. 470, we said, Paxson, J., “ The act of assembly does not designate the character of the buildings to which a mechanic’s lien may attach. ... Nor are we embarrassed with the question whether buildings of any description are essential to an oil refinery. An engine and boiler for any kind of a manufactory, do not absolutely require a building to protect them. Both may stand in the open air, yet no one doubts that if an engine and boiler house are erected to protect them from the weather, a lien will attach for labor and materials used in their construction. Nor have we any doubt that the lien attached to the building in this case.”
In Short v. Ames & Keese, 121 Pa. 530, which was a claim of lien upon an oil refinery, Mr. Justice Clark, delivering the opinion, said, “ The act of June 16, 1836, as we said in that case, does not designate the character or kind of a building to which a mechanic’s lien will attach; if the structures are of a substantial and permanent character, and may in any reasonable sense be known as buildings, they may be incumbered by lien.”
The case of Parrish and Hazard’s Appeal, 83 Pa. 111, is so similar in its facts to the case at bar that we think it controls the present contention. The property was an old furnace plant which had been in use for a number of years, just as this, and its owners desiring to increase its power, contracted for a new engine, a new set of boilers, drumheads and fixtures, and for a boiler stack, all of which were constructed but by different contractors. We held that these improvements were substantial additions to the old buildings for permanent purposes, made at a heavy cost, and so connected with the origi
The only difference between the structure in that case and in this, is the fact that a frame boiler house was erected over and around it so as to protect it from the weather, but the decision was not based upon that circumstance, nor could it be, considering the reasons assigned for the ruling.
The contention now made for the appellants, that since the passage of the act of 1887, this kind of construction must be regarded as an addition, alteration or repair, and therefore as
It is true that in the case of Thomas v. Hinkle, 126 Pa. 478, the opinion seems to warrant the contention of the appellants in this regard. But a careful consideration of that decision shows that it is not applicable here. The case arose under the provisions of the act of August 1, 1868, P. L. 1168, which was an act giving a right of lien, in the city of Philadelphia only, in all cases of repairs, alterations and additions, but annexed certain conditions and qualifications as attending the exercise of the right, one of which was a prohibition of lien in the case of a conveyance of the property before the filing of the lien. We held ‘that the act of 1868 was the law in Philadelphia in all
Judgment affirmed.
Reference
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- E. A. Wheeler v. Pierce, Kelley & Co.
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- [Marked, to be reported.] Mechanic's Ken — Character of structure — Act of June 16, 1836. 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. 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 intention to file a lien. The act of May 18, 1887, must be held to apply to such work or materials as are done or furnished for repairs, alterations or additions, which were not covered by the acts of June 16,1836, and April 21,1856. Thomas v. Hinkle, 126 Pa. 478, distinguished.