Federated Purchaser, Inc. v. Noti

DAVISON, J.,

This matter is before the court en banc on plaintiff’s motion to remove a compulsory nonsuit.

The evidence indicates that on February 17, 1968, one of plaintiff’s automobiles, while lawfully and properly parked on its own premises, was damaged by the collapse of a wall being erected near that vehicle on defendant’s adjoining premises. There were no eyewitnesses. Plaintiff’s manager testified that while working in his office he heard a thundering noise, ran out into the parking lot and observed the automobile covered with what appeared to be the same type of cement blocks being used…