Beaver v. Hitchcock

Caplan, Judge :

In this civil action instituted in the Court of Common Pleas of Kanawha County, the plaintiffs, William E. Beaver and Helen Beaver, seek recovery for damages to their real property and improvements thereon, alleged to have been caused by the negligent excavation and removal of lateral support from their property by the defendants, Glen 0. Carper and William W. Carper, d.b.a. Glen 0. Carper Construction Company, W. E. Hitchcock, Josephine Hitchcock and Judge Matheny d.b.a. Matheny & Matheny.

There were two trials of this case, the first trial resulting in a jury verdict in the…