PAPPAGEORGE v. ROSA

No. 250, Docket 22964.

212 F.2d 587 (1954)

PAPPAGEORGE v. ROSA et al.

United States Court of Appeals, Second Circuit.

Decided May 10, 1954.


Attorney(s) appearing for the Case

Samuel C. Derman, Bridgeport, Conn. (George Koenig and Louis I. Gladstone, Bridgeport, Conn., on the brief), for plaintiff-appellant.

John F. McGowan, Bridgeport, Conn., for defendants-appellees.

Before CLARK, FRANK and MEDINA, Circuit Judges.


PER CURIAM.

In this landowner's action for damages to his buildings from an adjoining sewer excavation, plaintiff's basic contention of an absolute duty to avoid a cave-in on the part of the defendant contractor must fail. Such duty appertains only to the land in its natural state; where, as here, it is encumbered with buildings, the basis of liability must be negligence, as the trial judge correctly charged. Canfield Rubber Co. v. Leary & Co., 99 Conn. 40, 121...

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