Cornet Stores v. Security Trust & Savings Bank

This is an action for damages claimed to be due plaintiff under the provisions of section 832 of the Civil Code, arising out of the excavation of a basement on plaintiff’s property which adjoined defendant’s property.

On January 5, 1951, plaintiff gave notice under section 832, supra, to the effect that it intended to make an excavation of 12 feet below the adjacent curb level on its property, for basement purposes; that the notice was given to afford the defendant a reasonable opportunity to protect its property from any damage caused by the excavation; that certain work would be necessary to…