Yeoman v. Fulton

Fulton sued C. F. Yeoman and Bob Yeoman, constructors, and Trujillo, their employee, for $700 damage to an aggregate block basement wall, allegedly caused when Trujillo performed certain adjacent back-filling operations in a negligent manner. Defendants denied generally, and the matter was heard by the court, sitting without a jury. Judgment was entered for plaintiff in the sum of $435, and defendants have appealed, urging two grounds of error: (1) Plaintiff failed to establish that any neglect of Trujillo was the proximate cause of the damage, and (2) Even if Trujillo had been negligent the…