Heine v. Merrick
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. One of the owners of a party wall, or wall in common, lias the right, if he desires to put up, on his own ground, a new and liigher structure, which the wall would be inadequate to support, to tear down the wall and build one, in its stead, both higher and thicker, taking the additional thickness from his property.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. One of the owners of a party wall, or wall in common, lias the right, if he desires to put up, on his own ground, a new and liigher structure, which the wall would be inadequate to support, to tear down the wall and build one, in its stead, both higher and thicker, taking the additional thickness from his property. C. C. 582 (678). This he can do without the consent of his neighbor, co-owner of the wall, bat in so doing must proceed ■with due care and attention. Peirce vs. Musson, 17 L. 294; Dorville vs. Amat, 6…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiffs and defendants are owners of contiguous properties on Canal street in this city which were separated by a wall in commou.
Plaintiffs, having entered into a contract with the Pickwick Club to erect for its use as lessee the splendid structure which now exists at the corner of Canal and Carondelet streets, found the existing party wall insufficient to support the increased height and weight.of their proposed new building, and that its demolition and reconstruction would be necessary. This, of course, involved an invasion of the…
2Cases cited1 opinion
- Girod's Heirs v. Girod's ExecutorsSupreme Court of Louisiana · 1841
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- Cane River Needle Art v. Reon, Inc.Louisiana Court of Appeal · 1976
- H. B. Stevens Co. v. Board of Adm'rsSupreme Court of Louisiana · 1915
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