William Howard Taft

“ The defective track on the right of way was evident to the contractor when it made the contract, and the reasonable construction of the contract is that the contractor, in order to avail itself of the right of way, with constant ingress and egress, took over the track as it was as part of the equipment for transportation, just as he did the locomotive and cars, and as it found it, with sole responsibility for placing it in working condition and maintaining it for its use. ”

“ After providing that the contractor should furnish certain materials for construction, the contract read:
'The United States of America to furnish at its present location on the reservation at United States nitrate plant No. 2 all other construction materials, the contractor to perform all necessary labor required in transporting such materials to the proper place of for use in construction, the United States of America at all times to furnish the necessary right of way for ingress and egress to the place of present storage of such materials and the place of ultimate use in construction. ”

“ The United States did not keep the tracks in good condition during the performance of the contract, but turned them over to the plaintiff for its use with the necessary rolling stock. The plaintiff expended the sum of $705.50 for labor in repairing the tracks and $700.66 for making repairs to equipment damaged by reason of the defective tracks ”