Pacific Indemnity Company v. Rathje

RAWLINGS, Justice.

Action at law by plaintiff-assignee of property owner for damages resulting from excavation of an adjoining tract. Trial to the court resulted in judgment adverse to plaintiff and it appeals. We affirm.

Stanley M. and Nellie M. Hotle [Hotles] own and occupy commercially improved land in Marion. United Building Centers —Anderson, Inc., successor to J. F. Anderson Lumber Company [Anderson] owns the adjoining property.

Richard Rathje, d/b/a Rathje Construction Company [Rathje], was engaged by Anderson to perform excavation work preparatory to construction of a building on its…