BUSINESS REALTY, INC. v. NOAH'S DOVE LODGE #20


375 S.W.2d 389 (1963)

BUSINESS REALTY, INC., et al., Appellants, v. NOAH'S DOVE LODGE #20, etc., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing February 14, 1964.


Attorney(s) appearing for the Case

Davies & Hirschfeld, Newport, Ware & Ware, Covington, for appellants.

Thomas Hardesty, Newport, Turner & Jones, New Castle, for appellees.


CLAY, Commissioner.

This suit was brought against an adjoining landowner and a contractor to recover damages to a building caused by the removal of lateral support by excavation work. The jury returned a verdict for $26,200 (including $1200 punitive damages) and judgment was entered for "the plaintiff Noah's Dove Lodge #20". Appellant defendants assign nine different errors.

This case has several unusual features. The endless pleadings and motions are almost...

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