Hayes v. Moynihan

This was an action of assumpsit, brought by appellee, in the superior court of Chicago, against appellant. The declaration contains but a special count, which avers that, in April, 1868, appellee was the owner of a lot in the city of Chicago, describing it, on which there was a brick dwelling house, owned and occupied by appellee, which rested on a foundation built six feet below the surface of the ground ; that appellant, being desirous of erecting store houses on adjoining lots and abutting appellee’s house, and it being necessary to make excavations for the purpose, and being desirous of…