270 F. 942 | 7th Cir. | 1921
The statutory expression, “for the recovery of money,” is surely broad enough to include such actions, which manifestly have for their sole purpose the recovery of money. In the absence of any limitation, by construction of the Indiana courts, we do not, under 'the circumstances, feel warranted in circumscribing it as contended for, and we therefore hold that the alleged error predicated on the denial of the motion to quash the attachment is not well grounded.
The work was suspended for a few days, during which there was considerable filling up of the trenches that had been made, and after some negotiation it was again resumed, and continued for quite a number of days, whereupon the Shedds again interfered and stopped tlie work, which was thus again interrupted for a number of days, during which there were storms which greatly damaged the trenches. There
- We are of opinion that work of this nature is such that it is not comparable to and does not fall within that class of cases where, notwithstanding the wrongful act, the wrongdoer cannot be held for damage resulting from a wholly independent intervening cause. We think it is fairly apparent that in undertaking such work as this there is inherently considerable risk and chance arising from conditions which are more or less problematic. One who undertakes to do such work of necessity speculates more or less upon the weather, for it seems that a channel of this kind, while remaining open, is easily subject to being damaged through filling by the agitation of the water through rough weather, and under such circumstances, where there is an unlawful interference with the work, the one causing it must contemplate that such damage may easily ensue during the delay, ft is true that damaging weather might have been experienced, had there been no interruption, and such have been at the constructor’s risk; hut it is manifest that the longer the trench lies open the greater the liability to injury from filling up, and where the delay is through the wrongful act of another, the added risk, reasonably to be anticipated, be it from the weather or other causes, is upon the wrongdoer, and hence also the ensuing loss.
The judgment is affirmed.