Lucius Quintus Cincinnatus Lamar

“ The deeper you go, the harder the earth is to work.' Outside of the testimony of the witnesses, it is manifest that to dig earth on a surface rolling and broken, as the profile shows the surface to have been in this instance, for the sole purpose of constructing a level embankment, and without regard to the depth or extent or level of the pits thereby made, is a very different problem from the digging with the double view of the construction of such an embankment, and the making of a continuous ditch with prescribed directions and uniform bottom level for a length of more than four miles. ”

“ If the specifications provided that the earth for embankment should be borrowed equally from both sides, and then a continuous ditch should be required to be made on one side of the embankment, it would necessitate a greater haul, and would be more expensive. In consequence of the ditch, a greater amount of earth would have to be taken from the side on which the ditch is made. One cannot work to such an advantage in a narrow ditch as in a broad borrow-pit. ”

“ There is no question as to his power to direct the work, and no claim that he exceeded his authority in directing the crossings to be made of thestle and pile work. Such being the case, we do not consider it necessary to discuss the abstract question of whether the language used by the court was technically accurate as applied to the case; if it was not, there was yet no material error,-none that could have injured the defense. We do not think that the acceptance of 30 cents for some of the trestles precluded the plaintiffs as to the value of others. ”