Irwin v. D.C. Meese

Plaintiffs, as owners of a house and lot occupied by them as their home, sued defendant for damages resulting from the latter’s excavation of his adjacent lot' and removal of lateral and subjacent support from plaintiffs’ land. At the conclusion of plaintiffs’ proofs defendant moved for a directed verdict on the ground that it was not shown that defendant was the owner or occupant of the adjacent property or had done or had anything to do with or was in any way responsible for the excavating. Plaintiffs moved to reopen the proofs for the purpose of establishing the point. The court denied…