Baker v. Multnomah County

The trial court upheld the claim of plaintiffs on the question of quantities. This finding is not contested by the county, as it has taken no; appeal. The single question for consideration pertains to the classification of the materials.

The series of hills through which the excavation was made are composed of a formation consisting of three fairly well-defined strata. The uppermost or top stratum consists of ordinary soil or loam, varying in thickness from six to eighteen inches in most places. Some of the witnesses averaged the depth of the top soil as one foot. This is not seriously…