FALLETTI v. BROWN

No. 42641.

481 P.2d 744 (1971)

Frank J. FALLETTI and Carlene Mae Falletti, Plaintiffs in Error, v. B.L. BROWN and A.W. Claver, d/b/a Acme Excavating Company, Defendants in Error.

Supreme Court of Oklahoma.

February 23, 1971.


Attorney(s) appearing for the Case

Berringer, Briggs & Barnes by A.A. Berringer, Tulsa, for plaintiffs in error.

Hall & Sublett, Tulsa, for B.L. Brown.

Covington, Gibbon & Poe, Richard D. Gibbon and James E. Poe, Tulsa, for A.W. Claver.


BERRY, Chief Justice:

Questions here presented involve correctness of the trial court's action in overruling plaintiffs in error's motion for new trial.

Falletti and wife were plaintiffs in an action to recover damages to their residence, alleged to have been caused by blasting operations involved in excavating a sewer ditch. This excavation extended from a manhole approximately 80 feet behind plaintiffs' property to property belonging to Brown, who contracted...

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