Opinion
November 11, 1942.
Appeal from Court of Claims.
Claimant-appellant entered into a contract with the State for the construction of a so-called "farm to market road." Two items of the claim were allowed by the court and compensation therefor made. The other three items, which included a claim for extra cost of fine grading subgrade with hand labor, evacuating temporary ditches, and added cost for superintendence and machine rentals, have been disallowed, and the appeal involves these three items. The decision of the Court of Claims is amply supported by the evidence and the judgment should be affirmed on the law and on the facts. Judgment affirmed, with costs. Crapser, Schenck and Foster, JJ., concur; Hill, P.J., dissents, and votes to increase by the sum of $4,569.19 the amount of item I, and also a proportionate amount of item IV; Heffernan, J., dissents and votes to allow the claim as presented.