Colmet Realty Corp. v. Atwell-Gustin-Morris, Inc.

Action for damages suffered as a consequence of the settling of plaintiff’s building, claimed to be due to the defendant corporation’s acts while constructing a subway. Judgment for defendant reversed on the law and the facts and a new trial granted, costs to abide the event. Plaintiff’s claim was that during the construction of the subway the corporate defendant created a sump to lower the ground water level or table and by its operations therein drew the ground water level or table down so as to lower the ground water level under plaintiff’s building. The claimed consequence of this was…