City of Cumberland v. Central Baptist Church

Opinion op the Court by

Stanley, Commissioner

Affirming.

Tbe appeal is from a judgment for $1,000 against tbe appellant for damages to a cbnrcb caused by an excavation for tbe installation of a sewer. It is argued fcbat neither tbe petition nor tbe evidence was sufficient to establish liability upon tbe City.

It is alleged that the City of Cumberland had made a contract with Harry Martin, employing and contracting with him to install a sewer along East Street, which runs in the rear of plaintiffs’ church, and that in doing the work the defendant and the contractor had removed the lateral support…