Robert Cooper Grier

“ The appellants were authorized by a statute of Maryland to construct a railway bridge over the mouth of the Susquehanna river, at Havre de Grace. They entered into an agreement with certain contractors, to prepare the foundations and erect the piers. In pursuance of their contract, these persons drove piles into the channel of the river, under the direction of the engineers employed by the appellants. Before the completion of the contract, the appellants abandoned their purpose of building the bridge, and discharged the contractors. ”

“ It showed that the contractors were bound to 'provide all necessary machinery, &c., and to furnish (and remove, when done with) all scaffolding and piles that may be used while building.'
It is contended by the appellants that they are not liable for the negligence which caused this injury, because the piles were not placed in the channel by their servants, but by those of the contractors; and that the case was not altered by the fact that the contractors were directed to do so by the engineers, who were the servants of appellants. ”

“ Some objections have been urged to the assessment of damages, and their amount.
On this subject there was much contradictory testimony, as usually happens when experts are examined as to matters of professional opinion. The judges of the courts where this question was tried can better judge of the relative value of such conflicting testimony, from their knowledge of places and persons, and they may examine witnesses ore tenus, if they see fit. ”

“ That the railroad company, and not the contractors under them, are responsible for the injury:First-because the whole work was done under the direction and superintendence of the company, the contractors undertaking to do only as directed by the company's engineers ”