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FRED DREW CONST. CO. v. MIRE

No. 1199.

89 A.2d 634 (1952)

FRED DREW CONST. CO. v. MIRE et al.

Municipal Court of Appeals District of Columbia.

Decided June 10, 1952.

Attorney(s) appearing for the Case

Denver H. Graham, Washington, D. C., (Albert E. Brault, Washington, D. C., on the brief), for appellant.

Joseph C. Suraci, Washington, D. C., for appellees Mire.

Henry S. Snyder and Walter D. Newrath, Washington, D. C., for appellee Bernstein.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

QUINN, Judge.

This is an appeal from a judgment of the Municipal Court awarding plaintiffs damages against appellant for its negligence in excavating property adjoining a store leased by plaintiffs in such a way as to permit water to flow into plaintiffs' property and damage certain personalty. Plaintiffs' complaint was in two counts and named their lessor and the appellant as joint defendants. The first count was for breach of covenant of quiet enjoyment; the second...

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