Malinoski v. D. S. McGrath, Inc.

These two suits in equity are brought to secure the removal of a concrete wall and filling placed upon the land of the plaintiffs and for damages. One is against the city alleged to have ordered the work to be done, and the other against the contractor alleged to have performed the work. Each defendant averred in its answer that the constructions and work of which the plaintiffs complain were ordered by the commissioner of public works of the city, and that the land described in the plaintiffs’ bill was taken by him in connection with the great flood of November, 1927, in accordance with law,…