Wigglesworth v. Brodsky
Superior Court of Delaware
Action brought in the Court of Common Pleas by Joseph Wigglesworth against Harry Brodsky and John Frank Owens, Jr. Judgment for the defendants. Plaintiff appeals. Verdict for appellant. Evidence was produced by the plaintiff below to show: That his house was located at 305 French street, in the city of Wilmington, and that one of the defendants below, Harry Brodsky, owned the adjoining house, 307 French street.
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Action brought in the Court of Common Pleas by Joseph Wigglesworth against Harry Brodsky and John Frank Owens, Jr. Judgment for the defendants. Plaintiff appeals. Verdict for appellant. Evidence was produced by the plaintiff below to show: That his house was located at 305 French street, in the city of Wilmington, and that one of the defendants below, Harry Brodsky, owned the adjoining house, 307 French street. That on or about July 1, 1917, the other defendant below, Owens, contractor for Brodsky, commenced digging down and under the cellar wall between plaintiff’s and Brodsky’s properties…
1Opinion of the Court
Boyce, J.:
[1] Under the evidence adduced, it is the opinion of the court, at this stage, that the case should be submitted to the jury. The motion for nonsuit is denied.
The defense was: That the plaintiff had notice of the excavation, as he had seen, on several different occasions, earth being thrown out of Brodsky’s cellar. That the work was done in a workmanlike and careful manner. That the alleged injuries to plaintiff’s property were not caused by the digging under the cellar wall. That no cracks or settlement had occurred in Brodsky’s property as the result of the excavation.
Both…
2Cases cited15 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Bonaparte v. WisemanCourt of Appeals of Maryland · 1899
- Gerst v. City of St. LouisSupreme Court of Missouri · 1904
- Schultz v. BowerSupreme Court of Minnesota · 1894
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3Cited by2 opinions
- S. H. Kress & Co. v. ReavesCourt of Appeals for the Fourth Circuit · 1936
- Schagrin v. BaconSuperior Court of Delaware · 1921