Richards v. Stratton

Considering the questions presented by counsel for defendant in their logical order, we shall first observe the contention that the defendant was not liable in this action because the employment and direction by him of the workmen to open the drain in question were upon the request of the owner of the building, and, further, because of the fact that the defendant had no interest therein except the enjoyment of the use of the property affected by the drain. This question was presented to the court by a request for an instruction, which would have been virtually a directed verdict for the…