Parker v. Hodgson
Supreme Court of Alabama
Causing Building to Fall. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by H. H. Parker & Bro., against James Hodgson for damages for cansing a wall to fall. Judgment for defendant and plaintiff appeals. Tbe court erred in sustaining demurrers to tbe fourth count of tbe complaint. — 29 Clc. 424, 425, and note; Wharton on Neg. Sec. 437; Pollock on Tort, 352; 10 Mo.
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Causing Building to Fall. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by H. H. Parker & Bro., against James Hodgson for damages for cansing a wall to fall. Judgment for defendant and plaintiff appeals. Tbe court erred in sustaining demurrers to tbe fourth count of tbe complaint. — 29 Clc. 424, 425, and note; Wharton on Neg. Sec. 437; Pollock on Tort, 352; 10 Mo. App. 197; 16 Am. & E. Encyc. of Law, 387 and 419; Chewing’s Case, 93 Ala. 26'; Armstrong v. Montgomery St. By., 123 Ala. 233. The court was not in error in sustaining the demurrer to count' 4 of 'the…
1Opinion of the CourtSimpson, J.
This action is by the appellants against the appellee for damages resulting from the falling of a wall on plaintiffs’ property, which, it is claimed, was caused by the negligent manner in which the defendant, an adjoining proprietor, made an excavation of his own premises.
The only insistence of the appellants is that the court erred in sustaining a demurrer to the fourth count in the complaint which was added by amendment. The gravamen of that count is that the defendant “undertook, while so excavating, and so removing said dirt, to support by underpinning.the wall on the north side of…
2Cases cited4 opinions
- Siegrist v. ArnotMissouri Court of Appeals · 1881
- City of Covington v. GeylerCourt of Appeals of Kentucky · 1892
- Moody v. McClellandSupreme Court of Alabama · 1863
- Myer v. HobbsSupreme Court of Alabama · 1876
3Cited by18 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Beasley v. MacDonald Engineering Co.Supreme Court of Alabama · 1971
- United States Fidelity & Guaranty Co. v. JonesSupreme Court of Alabama · 1978
- Herston v. WhitesellSupreme Court of Alabama · 1979
- Weir v. Palm Beach CountySupreme Court of Florida · 1956
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