This action arises out of the failure of wharf on the Husog-po, The plaintiff bought a considerable tract of Tani 1d, and proceeded to got a permit to It is mot necessary to ideas prepared a plan and specification which accepted and on which they ten-dored, their tender also being accepted in due course.
The piles of the wharf were driven between March 20 and May 10, 1909, snd in the month of Jaly the Iand behind it was raised, in July dredging began, and in the month of September signs of failure began to show themselves, by pockets forming behind the wharf, which indicated that the earth on the inside of the sbeot pilling of the wharf bad moved in some There are four issues of fact on which I must find " verdict and I ball deal with them first.
A. The capacity in which the defend-ante acted for the plaintiff in preparing the plays of the wharf.
B. The manner in which the defendts carried out the erection of the wharf.
The manner of the mad filling.
'D. The manner of the dredging.
Text read from the printed page and cleaned; old type leaves the occasional error.