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UNITED DISPATCH v. E.J. ALBRECHT CO.

No. 10273.

62 S.E.2d 289 (1950)

UNITED DISPATCH, Inc. v. E. J. ALBRECHT CO.

Supreme Court of Appeals of West Virginia.

Decided November 21, 1950.

Attorney(s) appearing for the Case

Steptoe & Johnson, and James M. Guiher, all of Clarksburg, David A. Watts, Chicago, Ill., for plaintiff in error.

Ambler, McCluer & Davis, Parkersburg, for defendant in error.

A. Devitt Vanech, Asst. Atty. Gen., Charles Lee Spillers, U. S. Atty., Wheeling, Roger P. Marquis, Atty., Dept. of Justice, Frederick W. Smith, Atty., Dept. of Justice, Washington, D. C., amicus curiae, for United States.

LOVINS, President.

The purpose of this action of assumpsit, brought in the Circuit Court of Wood County, West Virginia, is to recover damages to a building and for loss of the use of such building, allegedly caused by an excavation made adjacent to such building.

United Dispatch, Inc., a corporation, the owner of the building, brought this action against E. J. Albrecht Company, a corporation, which admittedly excavated the land adjacent to plaintiff's building...

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