Shea

Plaintiffs recovered judgment against defendant for work done in connection with construction of a storm drain and defendant appeals.

The plans for the storm drain showed a sanitary sewer below and parallel to a portion of the storm drain. While excavating this portion plaintiffs discovered leakage from the sewer due to defects in it and too great pressure, so that the trench was flooded and the sides caved in. Complaint was made to the board of public works of defendant city and with their approval and under their direction plaintiff pumped out the water and went ahead with his work. One cause of action in this case was for damages based on the foregoing facts.

The plans also showed that some filling in was “in progress” or “contemplated” on a portion of the ground which was below the level to be attained on completion but just how much and when it was to be filled in could not be ascertained by plaintiffs before they made their bid. After the bid was in, certain filling in was done on certain streets under the control of defendant pursuant to the permission given by defendant. This necessitated excavation and tunneling in addition to that called for at the time the bid was…