POKRAKA v. LUMMUS CO.

No. 28,902.

230 Ind. 523 (1952)

104 N.E.2d 669

POKRAKA ET AL. v. LUMMUS COMPANY.

Supreme Court of Indiana.

Rehearing denied April 28, 1952.


Attorney(s) appearing for the Case

T. Joseph Sullivan, of Hammond, for appellants.

Riley, Reed, Murphy & McAtee; and Jesse W. McAtee, all of East Chicago; and Kenneth Call, of Gary, for appellee.


BOBBITT, J.

This is an action for property damage by appellants (plaintiffs below) against appellee, defendant, resulting from subsidence of appellants' land and building thereon allegedly due to surplus water from a broken water main in a trench opened by certain excavation operations of appellee.

Trial by the court, without the intervention of a jury, was begun on December 15, 1948. The amended complaint is in two...

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