52-115. Labor on railroads, similar utilities; liability of company; notice of claim; interest.
Whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are, or any company which is a contractor on such railroad, canal, viaduct or bridge, or against any person or persons who are subcontractors with any person or persons or company contracting with any such railroad, bridge, viaduct, or ditching company for the construction of any part of any such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten percent interest thereon; Provided, such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the nature and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent or the managing director or chief engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed.
Source
- Laws 1881, c. 60, § 1, p. 267;
- R.S.1913, § 3837;
- C.S.1922, § 3221;
- C.S.1929, § 52-115;
- R.S.1943, § 52-115.
Annotations
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Statute is remedial and should be liberally construed. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910).
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Lumber sold to contractor, used in building temporary sheds and stables, is no foundation for lien. Stewart-Chute Lumber Co. v. M. P. R. Co., 33 Neb. 29, 49 N.W. 769 (1891).
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Act providing for lien on railways is constitutional. K. C. & O. R. Co. v. Frey, 30 Neb. 790, 47 N.W. 87 (1890).