United States Supreme Court Cases & Opinions

U.S. Supreme Court

Atlantic, Gulf & Pacific Co. v. Philippine Islands, 219 U.S. 17 (1910)

Atlantic, Gulf & Pacific Company v. Philippine Islands

No. 64

Argued December 6, 1910

Decided December 19, 1910

219 U.S. 17

Syllabus

A government contract for building a bulkhead in Manila provided that the contractor would be responsible for damages arising from wave action or pressure of the revetment against the timber structure, but that the government would be responsible for break caused by pressure of the mud fill. There was a break owing to pressure of the mud fill, and before it could be repaired, there was a further damage caused by a typhoon, but which would not have happened had the original break not existed. Held, as held by the courts below, that the contractor must bear the loss caused by the typhoon.

The facts, which involve the construction of a contract

Page 219 U. S. 18

for a public work with the government of the Philippine Islands, are stated in the opinion.

Page 219 U. S. 20