36 Mo. 446 | Mo. | 1865
delivered the opinion of the court.
This was a suit under the “ Act concerning boats and vessels” (R. C. 1855, p. 803, § 1), upon the following demand:
Steamboat Colona Dr. to the Madison Coal Company.
1860. Feb. 21. To 300 bush, coal, at 10 cts. - - $30 00
“ Mar. 16. “ 300 “ “ “ “ - - - 30 00
“ Nov. 2. towing said boat and taking in lines 10 00
“ “ 6. “ 300 bush, coal, at 8J cts. - - - 24 22
$94 22
As to the item for “towing said boat and taking in lines,” there appears to be more difficulty. It is clear that it cannot be brought within the first, third or fourth clauses of the first section of the act. It is not for wages of .a person employed as hand on board of the boat, nor is it any contract “ touching the transportation of persons or property” on the boat. If it can be a lien at all, it must come under the second clause of the section; and the only words which can be applied to it by any rational construction are these — “ or on account of labor done by mechanics, tradesmen, or others, in the building, repairing, getting out, furnishing, or equipping thereof.” It is not labor done in building, repairing, furnishing, or equipping the boat; a liberal construction has been given to the act in respect to what constitutes the equipment of a boat, and it has been held that a barge, or a keel-boat, used to assist in the navigation of the vessel, in certain waters, is a part of her equipment, as a thing indispensable in navigating
The other words are “getting out” the boat. Construed with reference to the building or repairing of a boat, they are broad enough to cover all those services or expenses which might be necessary to put her afloat when finished, and to place her in a situation that would enable her to 'begin her business of navigating the river. They are not necessarily to be confined to building or repairing. A boat may be laid up for a season and then brought out again. “ Bringing out a boat” is a common phrase among boatmen; it is usually applied to the building of a new boat; 'it may also be understood as applying to a boat newly repaix-ed, or newly brought out wliexx merely laid up for a season ; and the phx’ase “getting out” a boat may be taken in a similar sense.
This boat appears to have been laid up or moored at Bloody Island by lines fastening her to the shore, and the plaintiff was employed to take iix the lines ’and tow her across the river to the wharf at St. Louis. This may as well be said to be a service in getting oxxt the boat as if she beeix laid up for repairs. It seems to have been necessary in order to place the vessel in a situatioix to commence her voyage. Giving the words their evident signification, they may fairly be iixterpreted to include this item. We would not be understood as holding that there can be a lien under this act merely for the towing of a boat as such. The ground of the lien is the work and labor done by a tradesman or other person in getting out the boat and placing her in a position to begin her voyage
The judgment is reversed and the cause remanded.