Fred Drew Const. Co. v. Mire

QUINN, Judge.

This is an appeal from a judgment of the Municipal Court awarding plaintiffs damages against appellant for its negligence in excavating property adjoining a store leased by plaintiffs in such a way as to permit water to flow into plaintiffs’ property and damage certain personalty. Plaintiffs’ complaint was in two counts and named their lessor and the appellant as joint defendants. The first count was for breach of covenant of quiet enjoyment; the second count was in tort for negligently excavating on land adjacent to the building occupied by plaintiffs. Defendants answered with…