BRYAN, Circuit Judge.
Appellant brought an action for damages, alleging that he was appellee's tenant of a building, and that during his tenancy the building was undermined and rendered unpatentable by excavations which appellee caused to be made on its adjoining property. The trial court held that the alleged relation of landlord and tenant did not exist at the time of making the excavations complained of, and directed a verdict for appellee.
Appellee became...
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