Scanlan v. San Francisco & San Joaquin Valley Railway Co.

Citations

• 6 Cal. Unrep. 210
• 55 P. 694
• 1898 Cal. LEXIS 1051

Syllabus

<p>Judicial Notice—Mathematics.—Under Code of Civil Procedure, section 1875, subdivision 8, authorizing courts to take judicial notice of the laws ■ of nature, the court judicially knows the rules of mensuration by which the cubic contents of an irregular prismoidal body are ascertained.</p> <p>Contracts—Engineer’s Estimate.—Where a Contract for Constructing a Bailroad embankment provided that additional dirt, not exceeding a certain quantity, should be added for shrinkage, the exact percentage to be specified by the company’s engineer, and that payment for such embankment should be made by measurement of the material in the embankment, excluding that added for shrinkage, the amount designated by the engineer to be added for such shrinkage up to the limit' specified is conclusive, even though the shrinkage be less.</p> <p>Contracts.—Where the Construction of a Bailroad Embankment was to be paid for by an actual measurement of the cubic contents of the embankment, and the contractor completed it without making a survey or objecting to the one made by the company’s engineer, his neglect to make such survey before the surface of the ground, which was one of the necessary data for the measurement, was covered, was an admission that the company’s survey was correct.</p>