THE STATUS OF AN ENGINEER 7 



(without any interference on the part of the building owners) 

 the owners are not liable for his acts. If he is merely 

 subordinate to the engineer, or is in an independent position 

 like an engineer, then the same rules apply to him as apply 

 to engineers and architects generally, that is to say, for 

 example, he is under no liability to the contractor, if he acts 

 honestly." 



8. Powers of a resident engineer A contract for the 

 erection of large works may necessitate the appointment of a 

 resident engineer. If he is independent, his mistakes will 

 not make his employers liable. In the case of De Morgan, 

 Snell & Co. and Rio de Janeiro Flour Mills Co., 1892, 2 H. B. C., 

 198, the plaintiffs contracted to erect works in Brazil for the 

 Rio Flour Mills Co. By the contract, a resident engineer 

 was appointed to superintend the construction of the works. 

 The resident was appointed by, and was subordinate to, the 

 chief engineer, who was in England. The contractor sus- 

 tained damage in consequence of honest errors made by the 

 resident engineer. It was held that the resident engineer was 

 not a mere servant or agent of the defendant company, but 

 was in an independent position, and that the company were 

 not liable for any damage or delay caused to the contractor 

 by any honest error made by him in the exercise of his duties, 

 without any interference on the part of the company. 



The resident engineer may, however, assume the character 

 of an assistant (as to whom, see Chap. XIX., post), and then 

 his certificate or his approval will not necessarily bind the 

 employers. This point is illustrated by a case which arose 

 out of the excavation of a railway tunnel in the neighbourhood 

 of Birmingham. It appeared that a railway company, having 

 constructed the tunnel, sold the superincumbent land to one 

 Briggs on the express understanding that he was to erect no 

 building and make no excavation, unless in accordance with a 

 specification approved by the principal engineer. The 

 principal engineer at that time was Mr. Brunei, who had a 

 number of assistants, amongst whom was a Mr. Hewitt, the 

 resident engineer. Some months after he purchased the lands, 

 Briggs sent in plans to the resident for the approval of the 

 principal engineer. The resident never did in fact submit 

 them for approval, but told Briggs verbally that he might 

 proceed. Subsequently the company's solicitors, finding that 



