226 F. 193 | 4th Cir. | 1915
In 1912 the United States commenced improvement of the navigation of Smith Creek, at the town of Oriental, in North Carolina, by dredging. As a condition it required that “local interests” should construct a bulkhead and give the government the right to deposit the material dredged behind the bulkhead. The Oriental Bulkhead & Improvement Company, being owner of the land adjacent to- the water in which the bulkhtead was desired, constructed it on the required condition; the consideration to the corporation being the improvement of its land and the additional value to be imparted to it by the wharfage facilities in contemplation. The corporation conveyed to the United States, “their contractors, agents, and employés, the necessary use of adjacent premises and the right to deposit material behind' said bulkhead.” Afterwards .the contract with the government for dredging was made by W. K. Stokes and D. C. Mackley, copartners under the name of Standard Engineering Company, who undertook to deposit the dredged material within the bulkhead.
This action rests on the allegations that the defendants in their dredging operations negligently fastened their agitator cable moorings and anchorage to the piling of the bulkhead, and thus broke it down and destroyed it at several places; “that the defendants carelessly and negligently so placed their pipe upon the bulkhead and just over the edge of the same that the silt, water, and mud flowing under high pressure through the same, which was pumped from the channel, fell and poured upon the land of plaintiff immediately adjacent to the bulkhead which it had erected, and before same was filled, in such manner as to wash out, undermine, and destroy the aforesaid bulkhead;” and that defendants continued this method of work despite the frequent notices of the plaintiff to the defendants .of the injury they were doing. The damage alleged was the loss of the bulkhead, with the consequent impairment of the value of plaintiff’s adjacent property. The defendants denied the negligence charged, and alleged that the work was done under the direction of the engineer of the government; that, if there was negligence, the government alone was responsible; that there was no privity between the plaintiffs and defendants; and that the plaintiffs had no such interest in the bulkhead as would support their action. The plaintiffs recovered judgment for both actual and punitive damages. The assignments of error relate entirely to the refusal of the district Judge to give instructions to the jury as requested by the defendant.
Affirmed.