Frederick v. Burg

McILVAINE, District Judge.

In this case the plaintiffs have brought suit against Anchel Burg and Bernard M. Lee, charging that they caused to be excavated and graded the land now owned by defendants, Norbert Stern, Cizella Stern, William Elkind, and Sue Elkind, but apparently not owned by them at the time of the excavation. The plaintiffs charge that Bernard Lee and Anchel Burg in so excavating, grading, and digging removed the lateral support from plaintiffs’ property and caused damage to same. They do not charge that Bernard Lee and Anchel Burg were the agents of the other defendants in this…