Wegener v. Sugarman

The opinion of the court was delivered by

Parker, J.

The suit was substantially in trespass quare clausum fregit. The state of demand alleged that plaintiff .and defendant were adjoining landowners, and that defendant began the construction of a building on his land, and “while constructing said building, willfully and maliciously caused the concrete, hedges and property of the plaintiff to be broken and damaged, as a direct and proximate result of the careless and negligent manner in which said construction was being maintained and carried on.”

There was a dispute of fact as to the location of…