Commonwealth v. Evans

Dissenting Opinion by

Mr. Justice Maxey :

In this case I think that the loss caused by,the fire in the Capitol Office Building should not either in law or morals fall upon the defendant, J. T. Evans. He had entered into two contracts for constructing in this building the heating and ventilating and the plumbing and drainage systems, respectively. The heating and ventilating contract was in the amount of $175,498, and the plumbing and drainage contract, $121,622. When the building was 80% completed and Evans’s work was 93% completed, fire destroyed practically the whole of the installed work of…