Pope v. United States

I concur in the opinion allowing plaintiff compensation under the Special Act at contract rates (1) for excavation and concrete because of materials that caved in at the side of the tunnel wall and the lowering of the “B” line, (2) for dry packing certain areas of the caved-in space over the tunnel arch, and (3) for grouting such dry-packed space, but I cannot concur in the conclusion *519that the special jurisdictional act does not assume an obligation for and does not authorize the court to allow plaintiff compensation at the contract rate “for the work of excavating materials which caved in…