¶1The question to be determined in this error proceeding is whether or not one who has furnished a steam shovel to a sub-contractor of a head contractor employed to furnish gravel and dirt to a railroad company for the maintenance and repair of its roadbed is entitled to a lien upon the funds in the hands of the railroad company due to the head contractor, under the provisions of Sections 8343 to 8351, inclusive, General Code.
¶2Section 8351 provides:
“The provisions of the next six preceding sections apply to and include any person who furnishes … tools or implements … on *15the order of any … sub-contractor, for their own use, or the use of persons employed by them … while furnishing materials or labor for or in construction of such railroad.”
¶3We hold that the furnishing of gravel or dirt in the maintenance and repair of a railroad comes within the meaning of “construction” of a railroad, and that the defendant in error, William L. Connell, who furnished the steam shovel to the subcontractor of the plaintiff in error, is entitled to a lien upon the funds in the hands of the railroad ■company.
¶4We think this conclusion is fully supported on the authority of M., K. & T. Ry. Co. v. Brown, 14 Kans., 447; The A., T. & S. F. Rd. Co. v. McConnell et al., 25 Kans., 370, and Bell et al. v. Maish, Treas., et al., 137 Ind., 226.
¶5The judgment of the court of common pleas is affirmed.
¶6Judgment affirmed.