Knoche v. Pratt

The second count of the third amended petition, being the count upon which the case was submitted, charged defendant with a trespass upon plaintiff’s real estate in that defendant, while excavating upon his own lot for the foundation of a building, entered upon plaintiff’s property and wrongfully excavated and removed large quantities of dirt therefrom, thereby weakening the lateral support of plaintiff’s building so that the west wall thereof fell, and plaintiff was damaged to the extent of the amount for which judgment was prayed.

The answer was a general denial, together with the charge…