Conlin v. Coyne

SHINN, J., pro tem.

Plaintiff had judgment for damages resulting from the caving of plaintiff’s land into an excava tion made by defendants upon their land, by reason of which excavation plaintiff’s land was deprived of lateral support. Before us are two appeals, which we shall consider hi a single opinion, one an appeal by defendants from the judgment, and the other an appeal from an order denying their motion for new trial, made under section 953e of the Code of Civil Procedure.

The ground of the motion for new trial was that defendants were unable to obtain a complete transcript of the…