W. A. Chapman & Co. v. Montgomery Water Power Co.
This text of 126 F. 372 (W. A. Chapman & Co. v. Montgomery Water Power Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case was decided on the pleadings. It was a suit brought by Chapman & Co., contractors, against the Montgomery Water Power Company, on a contract by which the former agreed to complete certain work of hydraulic construction in the Tallapoosa river. During the progress of the work a dam, which was part of the works to be constructed, was washed away by the river. The pleadings and exhibits raised the question, on whom should the loss resulting fall — on the plaintiffs or on the defendant? We think that the learned trial judge' construed the contract correctly in his rulings on the pleadings that, under the terms of the contract, the loss should'fall on the contractors.
The judgment of the Circuit Court is therefore affirmed.
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Cite This Page — Counsel Stack
126 F. 372, 61 C.C.A. 347, 1903 U.S. App. LEXIS 4331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-a-chapman-co-v-montgomery-water-power-co-ca5-1903.