Orr v. Bradley

This action was instituted for the recovery of damages occasioned by a high brick wall, maintained by defendant, falling on plaintiff’s house. The plaintiff prevailed in the trial court. There is no dispute between the parties as to the maintenance of the wall by defendant and of its falling on and demolishing plaintiff’s house. But it is defendant’s contention that he used and exercised proper diligence and care in ascertaining the safety of the wall and believing it to be safe, he allowed it to stand. And that its fall should be attributed to the act of God (as that term is known to the…