Morse Boulger Destructor Co. v. City of Saginaw

ALLEN, Circuit Judge.

This case arises out of the erection of a sewage incinerator for appellee, the City of Saginaw, a Michigan municipal corporation, hereinafter called the City, by appellant Morse Boulger Destructor Company, a designer and builder of incinerators, hereinafter called Morse Boulger. The incinerating plant was installed and operated a month on a trial run basis during April, 1953, by two of Morse Boulger’s employees. In May, 1954, in the center shaft of the incinerator cracks appeared, which have grown larger during the succeeding years. However, the incinerator has continued…