Ewing, Ind. Exs. v. Wm. L. Foley, Inc.

The following will be a sufficient statement of the case for the purposes of this opinion.

T. J. Ewing, Jr., J. J. Settergast, Jr., and John S. Stewart, Independent Executors and Trustees of the estate of George H. Hermann, deceased, plaintiffs in error, as they were authorized to do under the will, through their agents, constructed an eight-story concrete building in the City of Houston next to and abutting the property of Wm. L. Foley, Inc., who were, and for many years prior thereto had been, conducting a dry goods business.

In excavating for the foundation of the Hermann building, the…