J.F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc.
United States Court of Appeals for the First Circuit
393 F.2d 449 (1st Cir. 1968)
J.F. White Contracting Co. (White) (defendant) contracted to build a dock, mostly underwater, for New England Tank Industries of New Hampshire, Inc. (Tank) (plaintiff). A ship dented one of the dock's cells with damage visible above water, and there were also underwater ruptures; Tank sued for defective workmanship, and the trial court submitted the dented-cell issue, along with other alleged defects, to the jury, which found for Tank. White appealed, arguing (1) a contract provision barred Tank's recovery, an argument White had never raised at trial, and (2) the above-water dented-cell issue should not have gone to the jury.
Whether an issue may be considered on appeal if it was not raised in the lower court or if it does not affect a party's substantial rights.