Nicolai v. Day

Plaintiff brought this action to recover damages when a part of defendants’ land slid down upon plaintiff’s land and caused injury to structures and other improvements thereon.. The jury returned a verdict for defendants Day and plaintiff appeals.

Plaintiff’s complaint alleged as follows:

“IV

“During January and February of 1970, large quantities of fill dirt, mud and debris piled on defendants’ property, slid from the property of the defendants, and each of them, onto the property of plaintiff.

“V

“As a proximate result of sliding of defendants’ land upon the plaintiff’s land, plaintiff’s land…