Krish v. Ford

• Decision Date: 10 November 1897
• Citation: 43 S.W. 237
• Parties: KRISH v. FORD et al.
• Court: Kentucky Court of Appeals

43 S.W. 237

KRISH v. FORD et al.

Court of Appeals of Kentucky.

November 10, 1897

Appeal from circuit court, Boyd county.

"Not to be officially reported."

Action by C. W. Ford and others against H. Krish to recover damages for injury to plaintiffs' storehouse. Verdict and judgment for plaintiffs, and defendant appeals. Affirmed.

R. C Burns, for appellant.

L. T Everett, for appellees.

BURNAM J.

Appellees brought this action to recover damages for injury to their storehouse, occasioned, as they allege, by the negligent unskillful, and careless manner in which appellant, by his agents and servants, dug away and excavated the earth adjoining and beneath their party wall and foundation, when the weather and surrounding soil were in an unfavorable condition for such work, and without notice to appellees. The facts are: Appellees purchased from one Wellman a part of a lot fronting on Main street, in Catlettsburg, and erected upon the lot a two-story brick business house, in the erection of which appellees, by agreement with Wellman (who then owned the remaining portion of the lot and the lots adjoining same on the west), built a party wall, one-half the party wall standing on the ground of appellees, and one-half on the ground of Wellman, each paying one-half the cost of building the wall. After the erection of this building Wellman sold to the appellant the adjacent lot, including his interest in the party wall, and in the winter of 1892-93 appellant erected a brick business house thereon. The proof shows that the excavating for the cellar under this building and the erection of the building itself were all done during the winter time, and that after the excavation for the cellar had been made, and before it was covered in, water stood in it, and there were a good many freezes. Davis, the party who did the work of excavating for the cellar for appellant testifies that, in digging the cellar, he left the earth standing next to the party wall, and, when he had finished his work, he told appellant that it would not do to take the earth away from the wall, as it would cause it to sink and fall, but that appellant directed him to do so, and said he would pay him $5.00 extra; that he made this excavation as directed by appellant; and that, as a consequence, the wall sank, and the house and plastering was cracked, etc. Appellees testify that appellant gave them no notice of his intention to make the...