company, manufacturing establishment or other business -- Of persons
furnishing supplies for operation of a railroad.
(1) When the property or effects of any mine, railroad or canal, or other public
improvement company, or of any rolling mill, foundry or other manufacturing
establishment, or of any other business, whether incorporated or not, are assigned
for the benefit of, or are to be distributed among creditors, whether by operation of
law or by its own act, the employees of the owner or operator of the business shall
have a lien upon the property and effects which have been involved in the business
and upon the accessories connected therewith, including any interest in real property
used in carrying on the business.
(2) Any person who has furnished materials or supplies for carrying on or operating any
railroad shall likewise have a lien upon the property of the company involved in the
business and upon the accessories connected therewith, including the interest of the
company in the real property used in carrying on the business.
Effective: June 19, 1952
History: Amended 1952 Ky. Acts ch. 52, sec. 1, effective June 19, 1952. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2487.
Notes of Decisions
Scherer v. Quality Commc'ns, Inc. (In Re Quality Commc'ns, Inc.), 347 B.R. 227 (Bankr. W.D. Ky. 2006).
“Trustee alleges that Bank One was not first in priority because the QCI employees’ wage claim was superior to all other creditors pursuant to KRS 376.150. Section 547(b) of the Code enables the Trustee to set aside a transfer as preferential if the following elements exists: (1)…”
McGlone v. Smith, 168 S.W.2d 566 (Ky. Ct. App. 1943).
· cites it 2× “Stats, (now KRS 376.150) which provides that when the property or effects of any mine or other specified industry are to be distributed among creditors, its employees shall have a lien thereon.”
Carpenter v. Wells, 358 S.W.2d 524 (Ky. Ct. App. 1962).
“They claimed a lien under KRS 376.150 and 376.160 and sought to have it enforced on all of the property of Jewell Ridge to satisfy the payment of their claims.”
Int'l Harvester Co. v. Dyer's Adm'r, 178 S.W.2d 966 (Ky. Ct. App. 1944).
“There is an additional reason why International and Allstate are entitled to a separate sale of the equipment upon which they hold mortgages, which is that the labor claims are superior to these mortgages and should there be sufficient property subject to the labor liens to…”
Skaggs v. Elkhorn Coal Corp., 180 S.W.2d 88 (Ky. Ct. App. 1944).
· cites it 2× “, by virtue of contracts they entered into with the Corporation and the local union of the United Mine Workers of America wherein these appellants agreed to render medical services and hospitalization to the miners in consideration of the latter agreeing that the ■Corporation…”
Stagg Indus. Dev. Corp. v. Gen. Oil Field Supply Co., 743 S.W.2d 41 (Ky. Ct. App. 1988).
“The trial court, adopting the special commissioner’s report, found that Stagg’s lien did not come within the requirements of KRS 376.150 in order to be enforceable. According to the report, “there has been no proof that the contract for surface use tank batteries and land damage…”
Ritchie v. Dyer's Adm'r, 187 S.W.2d 739 (Ky. Ct. App. 1945).
“While they cannot be added in order to give this court jurisdiction, Sterling Hardware Co. v. Jeff Newberry Co.”
Annotations are extracted automatically from the opinions in the
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