Pokraka v. Lummus Co.

This is an action for property damage by appellants (plaintiffs below) against appellee, defendant, resulting from subsidence of appellants’ land and building thereon allegedly due to surplus water from a broken water main in a trench opened by certain excavation operations of appellee.

Trial by the court, without the intervention of a jury, was begun on December 15, 1948. The amended complaint is in two paragraphs, the first being for damages to the land on the theory of lateral support as an absolute right without consideration of negligence, and the second being for damages to the land and…