Edward Douglass White

“ When the fact that the bridge spanned a great navigable river, and the duty of the government to protect that navigability, is borne in mind, moreover, when the facts found by the court below as to the period when navigation would be suspended as the result of natural causes is also considered in connection with the obligation which the contract imposed of completing the drawspan within such nonnavigable period, we are of opinion that the contract must be interpreted as exacting that the means employed in constructing the drawspan should be such as would not operate to impede navigation. ”

“ In other words, the contention is that, as the contract provided for supporting the old structure across its entire length, including the drawspan, by false work which was to hold the old structure until the new was completed, when the false work should be removed, that the bridge company, when the damage caused by the melting of the ice took place, was entitled to continue the use of the false work for supporting the drawspan, although in so doing the navigation of the river would be entirely obstructed. ”

“ The claimant did not proceed with the erection of the drawspan as expeditiously as it might have done, particularly in that it did not procure the necessary material in the order necessary for the erection of the drawspan. Said span might have been completed a considerable time before February 25, 1896, although the claimant was not bound to have it completed until March 1, 1896, by its contract. The United States was in no way responsible for any delays in the fulfilment of said contract, and was in no wise in default. ”