Legal Opinion

Edward DeV. Tompkins, Inc. v. City of Bridgeport

Supreme Court of Connecticut

Decided May 14, 1920PublishedCited by 25 opinions

Action to recover damages for an alleged wrongful refusal by the defendant to permit the plaintiff to fulfil its contract to build a bridge over the Pequonnock River at Grand Street in Bridgeport, and for illegally taking and retaining possession of the plaintiff’s machinery and tools used by it in its work upon said bridge, brought to and tried by the Superior Court in Fairfield County, Haines, J.; facts found and judgment rendered for the plaintiff for $159,759, and appeal…

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Action to recover damages for an alleged wrongful refusal by the defendant to permit the plaintiff to fulfil its contract to build a bridge over the Pequonnock River at Grand Street in Bridgeport, and for illegally taking and retaining possession of the plaintiff’s machinery and tools used by it in its work upon said bridge, brought to and tried by the Superior Court in Fairfield County, Haines, J.; facts found and judgment rendered for the plaintiff for $159,759, and appeal by the defendant. This case and the following one were tried and argued together practically as one cause. On May 16th,…

1Opinion of the CourtCase, J.

So long as it remained an operative condition of the contract that the supporting piles of the piers must pierce and extend into the bases of the concrete cylinders, the contractor had little or no choice of general plans of construction; he was in any event committed to the use of coffer-dams, and this was the method contemplated from the first by the city’s consulting engineer who framed the requirements of the contract. The trial court so finds, and — at least so far as the evidence enlightens us on accepted engineering processes — was bound so to find. This requirement that the ends of…

2Cases cited9 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  3. McConnell v. Corona City Water Co.California Supreme Court · 1906
  4. Blagen v. ThompsonOregon Supreme Court · 1892
  5. Hourigan v. City of NorwichSupreme Court of Connecticut · 1904

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3Cited by25 opinions

  1. Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
  2. West Haven Sound Development Corp. v. City of West HavenSupreme Court of Connecticut · 1986
  3. Fuessenich v. DiNardoSupreme Court of Connecticut · 1985
  4. Proto v. Bridgeport Herald CorporationSupreme Court of Connecticut · 1950
  5. Ball v. T. J. Pardy Construction Co.Supreme Court of Connecticut · 1928

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