Pappageorge v. Rosa

212 F.2d 587

PAPPAGEORGE,

v.

ROSA et al.

No. 250, Docket 22964.

United States Court of Appeals,

Second Circuit.

Argued May 3, 1954.

Decided May 10, 1954.

Samuel C. Derman, Bridgeport, Conn. (George Koenig and Louis I. Gladstone, Bridgeport, Conn., on the brief), for plaintiff-appellant.

John F. McGowan, Bridgeport, Conn., for defendants-appellees.

Before CLARK, FRANK and MEDINA, Circuit Judges.

1

In this landowner's action for damages to his buildings from an adjoining sewer excavation, plaintiff's basic contention of an absolute duty to avoid a cave-in on the part of the defendant contractor must fail.…