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GENERAL CONSTRUCTION CO. v. AETNA CASUALTY & SURETY CO.

151 Conn. 684 (1964)

THE GENERAL CONSTRUCTION COMPANY v. THE AETNA CASUALTY AND SURETY COMPANY

Supreme Court of Connecticut.

Decided June 16, 1964.

Attorney(s) appearing for the Case

Arthur Levy, Jr., with whom, on the brief, was Irwin E. Friedman, for the appellant (plaintiff).

Frederick L. Comley, for the appellee (defendant).

KING, C. J., MURPHY, SHEA, ALCORN and HOUSE, JS.

MURPHY, J.

The plaintiff recovered a judgment against Richard Morris, an excavating contractor, for damage to a retaining wall on June 27, 1956, when it collapsed from the pressure of backfill which Morris had placed against it. At the time, Morris carried a manufacturers' and contractors' liability policy with the defendant. The plaintiff is subrogated to the rights of Morris under General Statutes § 38-175 and brought this action to recover on the policy. From...

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