Luten Bridge Company
Encyclopedia
Luten Bridge Company was a bridge building company based in Knoxville, Tennessee
in the early- to mid-20th century. The firm built Luten arch
and other types of bridges.
commissioned a bridge over the Dan River
on January 1924 but canceled it in late February. Luten carried on regardless, and later sued the county for the full cost of construction. On appeal, the court ruled in favor of the county, stating that it was the contractor's responsibility to limit costs after a contract has been canceled. The opinion of the United States Court of Appeals for the Fourth Circuit
written by judge John J. Parker
defined the Duty to Mitigate, essentially establishing that a contractor has a duty to limit costs after its contract has been terminated. The case has been cited in American law school casebooks
and law journals.
Knoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
in the early- to mid-20th century. The firm built Luten arch
Luten arch
A Luten arch is a patented concrete arch design for bridges, designed by Daniel B. Luten, of Indianapolis. Luten was awarded more than 30 patents for his improvements of the Luten arch design....
and other types of bridges.
Luten Bridge Co. vs. Rockingham County
Luten Bridge Company was a party in the landmark 1929 court case, Luten Bridge Co. vs. Rockingham County. Rockingham County, North CarolinaRockingham County, North Carolina
Rockingham County is a county located in the U.S. state of North Carolina. As of 2010, the population was 93,643. Its county seat is Wentworth.- History :The county was formed in 1785 from Guilford County...
commissioned a bridge over the Dan River
Dan River
The Dan River flows in the U.S. states of North Carolina and Virginia. It originates in Patrick County, Virginia, and crosses the state border into Stokes County, North Carolina. It then flows into Rockingham County. From there it goes back into Virginia. It reenters North Carolina near the...
on January 1924 but canceled it in late February. Luten carried on regardless, and later sued the county for the full cost of construction. On appeal, the court ruled in favor of the county, stating that it was the contractor's responsibility to limit costs after a contract has been canceled. The opinion of the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
written by judge John J. Parker
John J. Parker
John Johnston Parker was a U.S. judge who failed confirmation to the Supreme Court by one vote. He was also the U.S. alternate judge at the Nuremberg Trials of Nazi war criminals and later served on the United Nations' International Law Commission.John J. Parker was born in Monroe, North Carolina,...
defined the Duty to Mitigate, essentially establishing that a contractor has a duty to limit costs after its contract has been terminated. The case has been cited in American law school casebooks
Casebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
and law journals.