Kolodkin v. Griffin

1. The relationship alleged to exist between the defendants, Kolodkin and Swinks, is that of employer and em ployee, and the special facts alleged do not affirmatively disclose the contrary, or show, as contended by the defendant Kolodkin, that the relationship was that of landowner and independent contractor. The damage alleged to have been caused by the employee Swinks, in excavating the soil on Kolodkin’s land, thereby depriving the plaintiff’s land of the lateral support owed by Kolodkin’s land to that of the plaintiff’s land, and in trespassing on the plaintiff’s land by removing soil…