S. Kosson & Sons v. Union Building & Construction Co.

The opinion of the court was delivered by'

Case, J.

This is an appeal from the Passaic Circuit of the Supreme Court where a judgment of nonsuit was granted at the close of plaintiff’s case. Plaintiff suffered damage by water and dirt washing through the interstices of the foundation wall into the cellar, the result, as is alleged, of negligence on the part of the several defendants. The trial judge found that there was no negligence by any of the defendants which was the proximate cause of the damage and fully nonsuited the plaintiff.

The Union Building and Construction Company was, under a…