183 Mass. 80 | Mass. | 1903
This is a petition to enforce a mechanic’s lien for labor performed in the erection of a building by the respondent town for a free public library. The case was sent to an auditor, and at the trial in the Superior Court the only evidence before the jury was the auditor’s report. The petitioner requested the judge to rule that the building and land were subject to a mechanic’s lien in his favor, and that he was entitled to recover. The judge refused so to rule and ruled that the building was not subject to a mechanic’s lien, and directed the jury to return a verdict for the respondent. The case is here on exceptions by the petitioner to the judge’s ruling and to his refusal to rule as requested.
The sole question is whether the building is subject to a mechanic’s lien. We do not think that it is. It has been decided that a sclioolhouse held by a municipal corporation for public school purposes is not subject to a mechanic’s lien, and the decision is said to be in accord with the almost unanimous current of decisions elsewhere. Lessard v. Revere, 171 Mass. 294. Staples v. Somerville, 176 Mass. 237, 242. The ground of decision in such cases is that the buildings are held for a public use, and it is against public policy, in the absence of express provisions to the contrary, that the instrumentalities for
Judgment for the respondent on the verdict.
