Hedstrom

This is an action to recover damages for injury to plaintiffs’ property and business caused by one side of the building occupied by them falling into an excavation in the adjoining land belonging to one of the defendants.

Judgment was for plaintiffs and against the defendants Union Trust Company and C. Leonardt. Several appeals are presented by these defendants from the judgment, from an order denying their respective motions for a new trial, and from an order denying their several motions to strike from the files the second amended complaint filed by the plaintiffs. A judgment of nonsuit was granted as to the defendants Ramish & Marsh, from which no appeal was taken.

Plaintiffs conducted a manicuring and hair-dressing parlor and store in a one-story brick building belonging to I. W. Heilman, situated on a lot fronting on Fourth street in the city of Los Angeles. The defendant Union Trust Company, which was the owner of the lot adjoining to the west, contemplating the erection of a ten-story brick building on its lot, notified Heilman of its intention to make an excavation for a cellar and foundation for said building upon its premises, and in due time proceeded to make such…