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Per Curiam: The plaintiff in error has no right of eminent domain. It did not give to- the contractor full control of the work. The agreement with him expressly declares if it is not done in a manner satisfactory to the superintendent he may put men in the trench, at the expense of the contractor, to make the necessary change; and further, if the contractor fails to- prosecute the work, with due diligence, the company may finish the same and charge it to the contractor. The assignment of error is not sustained.
Judgment affirmed.
Document Info
Filed Date: 11/9/1885
Precedential Status: Precedential
Modified Date: 11/14/2024