Matheny v. Wolffs

JUDGE WILLIAMS

delivered-’the opinion of the court:

The appellees had contracted with Helh & Co. to erect for them a building on a lot at the corner of Third and Market streets, in the city of Louisville, which was to have a cellar eight feet deep. Helh & Co., in pursuance of their undertaking, had the cellar dug up to the edges of the pavement, the walls- of the excavation being perpendicular; ordinary cedar posts were laid along the outer margin of the pavement to prevent the dirt falling back as it was thrown on to the pavement from the excavation, and these common posts are said to have…