Canfield Rubber Co. v. Leary

Taking, first, the ruling on the motion to set aside the verdict as against the evidence. It is not denied that there was legally sufficient evidence of one or more of the specifications of negligence alleged in the complaint. The motion was based, as appears from the memorandum of decision on the motion and from the appellants’ brief, on two claims of law, which also underlie other assignments of error, as to the legal duty of the defendants in conducting excavations in the highway, and as to the legal duty of the plaintiff to protect its own buildings, after having had timely notice —…