Barrows

Barrows v. Wm. Simpson Construction Co.

Good Law
102 Cal. App. 254·1929 Cal. App. LEXIS 83·283 P. 100
Court of Appeal of CaliforniaNovember 30, 1929Docket No. 3918.California1,483 words

Opinion

Lead Opinion

Preston, J.

This is an appeal by the defendants, The Wm. Simpson Construction Company, a corporation, and Guaranty Building & Loan Association, a corporation, from a judgment entered against them in the sum of $1120 in an action for damages.

In the month of November, 1923, plaintiffs and respondents herein were occupying a building in Hollywood, California, used by them for the display and sale of Chrysler automobiles; that, as found by the trial court, “for some days prior to November 13, 1923, the defendants negligently and without use of ordinary care or skill, and without taking reasonable precautions to sustain the land occupied by the plaintiffs, excavated the land adjoining on the west to the said lands and buildings so occupied by the plaintiffs, and excavated and removed the earth therefrom to a depth in excess of twenty feet, without leaving sufficient support for the land and building so occupied by the plaintiffs, and by reason thereof, and by its own natural weight, a great part of the land so occupied by plaintiffs sank and gave way, and by reason thereof, the walls and foundation of the said building on said land so possessed by plaintiffs were undermined, and by reason…

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