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GIULIANO CONSTRUCTION CO. v. SIMMONS

147 Conn. 441 (1960)

THE GIULIANO CONSTRUCTION COMPANY [JOSEPH GIULIANO, SUBSTITUTED PLAINTIFF] v. EDWARD R. SIMMONS ET AL.

Supreme Court of Connecticut.

Decided June 21, 1960.

Attorney(s) appearing for the Case

William R. Moller, with whom, on the brief, was Radford W. Luther, for the appellants (defendants).

Richard P. Heffernan, with whom was James E. Heffernan, for the appellee (plaintiff).

BALDWIN, C. J., KING, MURPHY, MELLITZ and SHEA, JS.

MELLITZ, J.

Prior to November 2, 1956, the plaintiff purchased a tract of land in Simsbury and was developing it by building houses on it for sale. At the time of its purchase by the plaintiff, the tract was divided into approximately twenty building lots, upon four of which there were located piles of topsoil. One of these was lot 16. On it stood a pile of topsoil approximately twenty feet high and forty feet long. On November...

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