Superior Court of Delaware March 11, 1920, Appeal, No. 87 (Wigglesworth v. Brodsky)

Boyce, J.:

[1] Under the evidence adduced, it is the opinion of the court, at this stage, that the case should be submitted to the jury. The motion for nonsuit is denied.

The defense was: That the plaintiff had notice of the excavation, as he had seen, on several different occasions, earth being thrown out of Brodsky’s cellar. That the work was done in a workmanlike and careful manner.