Malesev v. Garavaglia

Defendant companies contracted witb tbe Wayne county board of road commissioners to construct a drain water intake in tbe city of Lincoln Park. . Plaintiffs, property owners, originally began an action in the Macomb circuit court on August 17, 1964 against the construction firms only, alleging that “the soil in their backyard and around their home has shifted almost continuously since 1959 and 1960 on account of blasting by defendant,” 1 and claiming damages which resulted from such subsidence. A motion was made by defendants for accelerated judgment (GCR 1963, 116) claiming that plaintiffs’…