Brandolino v. Carrig

This action is for trespass in excavating the plaintiff’s land and piling dirt upon it. The only question reported is whether the trial judge should have ruled as matter of law that the plaintiff was not entitled to recover.

There was evidence tending to show that the parties were the owners of adjoining lots of land in Belmont; that the defendant entered into a written contract with “a contractor” by which the latter was to construct a group of houses, one of which was to be on the defendant’s lot adjoining land of the plaintiff; that the cellar for this house was to be dug and the house was…