New York Central & Hudson River Railroad v. T. Stuart & Son Co.

On August 4, 1909, the defendant entered into a contract with the plaintiff, the lessee of the Boston and Albany Railroad, for the building of a concrete retaining wall approximately seven hundred feet in length along the northerly side of the location of the railroad at Brighton in this Commonwealth. The work was to be done in accordance with plans and specifications prepared by the plaintiff’s engineer, and “All directions, explanations, superintendence, and instructions, spoken of, or required” under the contract also were to be given by the chief engineer or such “Engineers in charge of…