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B.G. YOUNG & SONS, INCORPORATED v. KIRK

116 S.E.2d 38 (1960)

202 Va. 176

B. G. YOUNG & SONS, INCORPORATED, v. J. W. KIRK et al.

Supreme Court of Appeals of Virginia.

September 2, 1960.

Attorney(s) appearing for the Case

Stuart B. Campbell, Wytheville (A. A. Campbell; Campbell & Campbell, Wytheville, on brief), for plaintiff in error.

Eugene L. Nuckols, Pulaski (Alton I. Crowell, Crowell, Deeds & Nuckols, Pulaski, on brief), for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

MILLER, Justice.

This action was instituted by J. W. Kirk and Velma P. Kirk, hereinafter called plaintiffs, against B. G. Young & Sons, Incorporated, hereinafter called Young or defendant, to recover $4,436.93 damages to plaintiffs' dwelling house, water system, and land. The motion for judgment alleged that the damages resulted from (a) blasting negligently done by Young in constructing a nearby State highway, and (b) by negligent installation of drainage facilities...

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