Merola v. Howard Savings Institution

The opinion of the court was delivered by

Parker, J.

The complaint was in nine counts, but all except the first and fifth were abandoned at the trial. The suit arose out of the facts that the savings institution, owning a lot of land adjoining plaintiff^ building, contracted with one Howie, a competent contractor, to excavate its lot for the foundation of a new building; that such excavation was for a depth of approximately nine feet below the curb level; that as a result of doing that work, as the jury evidently found, the adjoining wall of plaintiff’s building settled and damage resulted. The…