Pat J. Murphy, Inc. v. Drummond Dolomite, Inc.

GRUBB, District Judge.

This is an action to recover damages for losses sustained in the construction of a road on Drummond Island, Michigan. Jurisdiction of the cause is based on diversity of citizenship of the parties. The prior decision rendered herein is hereby incorporated by reference.

Plaintiff, Pat J. Murphy, Inc. (hereinafter called the “Contractor”), is a Wisconsin corporation engaged in the excavating business. The president of the Contractor is Patrick J. Murphy, Sr., who was in active management and control of the business at all times concerned in this litigation. During all of…