Associated Lerner Shops of America, Inc. v. Thibadeau, Shaw & Company, Inc.

In this litigation between adjoining landowners the District Court for the Northern District of Georgia as trier of the facts determined that Appellant negligently constructed and maintained drain pipes channeling (contrary to their natural flow) surface and other waters against a retaining wall constructed by Appellee in conjunction with a building being erected by Appellee, causing the retaining wall to collapse against and damage the building.

Appellant contends that the finding that there was negligent construction of the drains and that such was the proximate cause of Appellee’s damages…