Muskatell v. Queen City Construction Co.

This action was brought to recover damages to real property. The cause was tried to the court without a jury, and resulted in findings of fact from which-it was concluded that there could be no recovery against the defendant. From the judgment entered dismissing the action, the plaintiff appeals.

No bill of exceptions or statement of facts has been brought to this court, and the facts, as found by the trial court, will be summarized only in so far as it ap pears to be necessary to present the question here for determination.

The appellant was the owner of a property which abutted upon the west…