Groton Bridge & Manufacturing Co. v. Alabama & Vicksburg Railway Co.

Citations

• 80 Miss. 162

Syllabus

<p>1. Contracts. Specifications. Railroads. Bridge construction.</p> <p>Borings in the vicinity of piers for a railroad bridge to be erected under a contract based upon specifications and a diagram in profile showing such borings, submitted to bidders by a railway company, do not constitute a warranty in favor of the contractor that the different strata beneath the surface of the earth shown by each boring exist at the location of the nearest pier, and that logs beneath the surface, not indicated at any boring, will not be encountered at the location of the nearest pier in sinking it to grade, the plans only warranting that the borings truly represented what was found where they were made.</p> <p>3. Same. Interpretation. Expert testimony.</p> <p>There being nothing in a contract beyond the comprehension of ordinary people, its construction is for the court, without the aid of expert engineers and bridge contractors as to the import of the borings as indicated on the diagram.</p>