§ 52-116 — Railroad and similar construction; lien for labor or material; to what attaches

When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien therefor shall extend and attach to the erections, excavations, embankments, bridges, roadbed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right-of-way, shall constitute the excavation, erection or improvement provided for and mentioned in sections 52-115 to 52-117 .

Legislative History

Source: Laws 1881, c. 60, § 2, p. 268; R.S.1913, § 3838; C.S.1922, § 3222; C.S.1929, § 52-116; R.S.1943, § 52-116. Annotations: Description of railroad right-of-way as being between certain streets in a specified city was sufficient. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910). Mortgage, given prior to construction, mortgagees being promoters, is subject to liens. Waiver of lien is not inferred from taking collateral security. Kilpatrick v. Kansas City & B. R. Co., 38 Neb. 620, 57 N.W. 664 (1894).