Exchange National Bank of Chicago v. Code

PRESIDING JUSTICE BRYANT

delivered the opinion of the court.

This is an appeal by the plaintiff from an adverse ruling in' an action brought for a declaratory judgment that defendants owed a duty to protect plaintiff’s property from any damage which might result from excavations made on defendant’s property and for an injunction to restrain defendants from excavating until assurances of such protection were given. The complaint was filed August 28, 1956, alleging that plaintiff and defendants were owners of adjoining parcels of land; that plaintiff’s land was improved with a 3-story and part…