Piedmont Cotton Mills, Inc. v. H. W. Ivey Construction Co.

Bell, Presiding Judge.

The theory upon which the plaintiffs in error found this appeal as portrayed in their brief is that the suit against them is one for trespass to real estate neither owned nor possessed by the plaintiff and consequently the injury to the realty is a cause upon which the petitioner cannot sue. If the suit was in fact one for trespass under those circumstances, there would be, of course, nothing incorrect about their theoiy as a matter of abstract law. The theory, however, is not appropriate to this case.

We readily concede that the petition is subject to the reasonable…