Stevenson v. Wallace

Staples, J.

concurred in the opinion of Judge Anderson, with the exception of that portion which holds that the owner of a building defectively constructed, with defective materials, and upon an insufficient foundation, is entitled to damages, resulting from an excavation upon the adjoining lot made in a skillful and proper manner. He was inclined to think that in such case the owner of the building was not entitled to any damage for an,injury resulting from the excavation.

Judgment reversed.