Moellering v. Evans

— This is an action by the appellee against the appellant for damages caused to certain lots owned by the appellee by reason of the excavation of the lands adjacent thereto by the appellant, permitting appellee’s lots to cave, and causing the destruction of his fences and barn upon the lots, and greatly depreciating the value of the lots.

Issue was joined on the complaint by general denial, and a trial had, resulting in a verdict and judgment in favor of appellee against the appellant for $300.

There was a motion for a new trial by the appellant which was overruled and exceptions taken, and the…