Gladin v. Von Engeln

This is an action for damages and for an injunction resulting from subsidence of real property of the plaintiffs, the Gladins. So far as is involved in this review, the defendants were R. D. Von Engeln, Interstate Eighth Street Company and the City of Colorado Springs. Von Engeln was the general partner in the limited partnership, Interstate Eighth Street Company, and under the facts of this case any liability of the individual is also that of the partnership and vice versa. We refer to them jointly as 8th Street Co.

The Gladins and 8th Street Co. owned adjoining real property, that of the…