Cino Theatre Co. v. B/G Sandwich Shops, Inc.

TUTTLE, District Judge.

This is an action brought by the appellee, the B/G Sandwich Shops, Inc. (hereinafter called the plaintiff), against the appellant, the Cino Theatre Company (hereinafter called the defendant), to recover damages sustained by the plaintiff as a result of the removal, by the defendant, of a certain party wall located upon the dividing line between their adjoining premises. Pursuant to statutory waiver of jury, the ease was tried by the District Judge, who awarded a verdict for damages in favor of the plaintiff, and to review the judgment entered on such verdict the…