Steele v. City of Ely

This action is to recover for extra work performed by the plaintiff in laying a rock foundation for an intake pipe to facilitate the establishment of its water-works by the city of Ely, defendant. The cause was tried to a jury, there was a verdict for plaintiff, followed by the blended motion for judgment or new trial in the alternative, which was denied, and defendant appeals.

Under the issues presented at the trial it was entirely a question of fact whether the alleged extra work was properly authorized by the consulting engineer, one McGilvray. Under the terms of the contract between the…