Brittingham v. American Dredging Company

WOLCOTT, Chief Justice.

This is an appeal from a judgment entered for the defendant after trial by the court without a jury. Defendant, American Dredging Company, contracted to dredge a channel and turning basin at Lewes for the Cape May-Lewes Ferry. The operation consisted of dredging and pumping water, sand and mud into a spoil area. The spoil area required a bulldozer operating within it to keep pushing material up against the dikes enclosing the area to overcome the erosion caused by the water runoff.

Plaintiff’s decedent operated a partnership business leasing heavy equipment and…