Ewing v. Wm. L. Foley, Inc.
Court of Appeals of Texas
Appeal from District Court, Harris County; Chas. E. Ashe, Judge. Action by Wm. L. Foley, Inc., against T. J. Ewing, Jr., and others, executors and trustees of the estate of George H. Hermann, deceased. Judgment for plaintiff, and defendants appeal.
1Opinion of the Court
GRATES,'J.
The executors and trustees "of Geo. H. Hermann’s estate, through their agents, while constructing its “Hermann Building” in the city of Houston next to the Foley Building, so excavated underneath the north wall of the Foley Building as to cause it to crack and collapse to such extent that it had to be demolished and replaced with a new wall. The injury occurred on September 7, 1916, and the replacement, which was done at the expense of the Hermann estate, was finished on December 24, 1916.
Wm. L. Foley, Inc., which during and for a long time prior to this period was doing business in…
2Cases cited22 opinions
- Roy v. WhitakerTexas Supreme Court · 1898
- City of Austin v. CahillTexas Supreme Court · 1905
- Downes v. Harper HospitalMichigan Supreme Court · 1894
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
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3Cited by5 opinions
- Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
- Andrews v. Y.M.C.A.Supreme Court of Iowa · 1939
- Andrews v. Young Men's Christian Ass'nSupreme Court of Iowa · 1939
- Barnes v. FortTennessee Supreme Court · 1944
- Barnes v. FortTennessee Supreme Court · 1944