IN RE HIBBARD

No. 337.

27 F.2d 686 (1928)

In re HIBBARD et al.

Circuit Court of Appeals, Second Circuit.

July 9, 1928.


Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for Hibbard.

Hunt, Hill & Betts, of New York City (George C. Sprague, of New York City, of counsel), for the counties.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

The French plan either was, or it was not, such that the counties were bound to use it; the same is true of Ripley's estimate. The commissioner has found that the plan was practicable, and, though he has not expressly said so, his report is consistent only with the finding that it limits the counties in their damages. We start with that assumption. So far as Ripley's estimate covered the repairs, we cannot...

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