Stephenson v. National Bank of Winter Haven

BRYAN, Circuit Judge.

Appellant brought an action for damages, alleging 'that he was appellee’s tenant of a building, and that during his tenancy the building was undermined and rendered untenantable by excavations which appellee caused to be made on its adjoining property. The trial court held that the alleged relation of landlord and tenant did not exist at the time of making the excavations complained of, and directed a verdict for appellee.

Appellee became owner of the property in dispute on June 25,1924, subject to a five-year lease, dated September 1, 1922, to C. J. Runkle, in which the…