
    Jacob Kreischer, Respondent, v. The Hampton Company, Appellant.
    
      Kreischer v. Hampton Co., 163 App. Div. 925, affirmed.
    (Argued March 27, 1917;
    decided April 17, 1917.)
    Appeal from a j udgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Plaintiff and defendant owned adjoining premises. Defendant being about to tear down its building contracted with plaintiff to protect his building during the progress of the work. Excavations having been made on defendant’s property it was noticed that a fragment of wall that had been left standing was moving. To arrest it a harness was put over the top of plaintiff’s building engaging and fast to the wall. It continued to move, however, and involved the plaintiff’s building, which was seriously damaged. This action was brought to recover therefor.
    
      Murray Downs for appellant.
    
      Andrew J. Nellis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  