Atlantic, Gulf & Pacific Co. v. Government of the Philippine Islands
Supreme Court of the United States
APPEAL PROM AND ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involve the construction of a contract for a public work with, the Government of the Philippine Islands, are stated in the opinion. A demurrer should not be sustained if, upon any fair and liberal interpretation, a cause of action can be implied from the averments of the complaint.
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APPEAL PROM AND ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involve the construction of a contract for a public work with, the Government of the Philippine Islands, are stated in the opinion. A demurrer should not be sustained if, upon any fair and liberal interpretation, a cause of action can be implied from the averments of the complaint. Lockhart v. Leeds, 195 U. S. 427, 435; Swift & Co. v. United States, 196 U. S. 375, 395; Coatsworth v. Lehigh Valley R. Co., 156 N. Y. 451, 457; Olcott v. Carroll, 39 N. Y. 436; Naylor v. N. Y. C. & H. R. R. R. Co., 119 App. Div.…
1Opinion of the CourtJustice Holmes
This is an action upon a contract for an extension to the Luneta of the city of Manila. Both courts below decided for the Government, the defendant, upon demuri'er to the complaint. Abridged, the allegations are these: A contract for the work was made on July 24, 1905. On May 1, 1906, about 200 feet of bulkhead and rock revetment were displaced by pressure from the inside.fill and moved about twenty feet into the Bay of Manila, so that a large quantity of the fill that had been pumped behind the bulkhead escaped into' the bay. On May 18, before the break could be repaired, a severe typhoon…
2Cases cited2 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Orient Insurance v. AdamsSupreme Court of the United States · 1887
3Cited by8 opinions
- Flannery v. WillcutsCourt of Appeals for the Eighth Circuit · 1928
- In Re Grand Jury Proceedings of Denise Garmon, in Re Grand Jury Proceedings of Courtney D. WashingtonCourt of Appeals for the Ninth Circuit · 1978
- Alabama Great Southern Railroad Co. v. MorrisonSupreme Court of Alabama · 1967
- Mittry v. United StatesUnited States Court of Claims · 1931
- Willcuts v. StoltzeCourt of Appeals for the Eighth Circuit · 1934
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