Ulrick v. Dakota Loan & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. . Hon. J. O. Andrews, Judge. Action by E. H. Ulrick against the Dakota Loan and Trust Company for damages to plaintiff’s building, caused by defendant excavating and removing the earth from the lot adjoining the lot on which plaintiff’s building stood, which plaintiff alleged was done wrongfully and negligently and without notice to him, thereby causing his building and the stone walls thereunder to sink an'd give way, racking and…
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Appeal from circuit court, Codington county. . Hon. J. O. Andrews, Judge. Action by E. H. Ulrick against the Dakota Loan and Trust Company for damages to plaintiff’s building, caused by defendant excavating and removing the earth from the lot adjoining the lot on which plaintiff’s building stood, which plaintiff alleged was done wrongfully and negligently and without notice to him, thereby causing his building and the stone walls thereunder to sink an'd give way, racking and displacing the entire interior structure of said building. Defendant answered denying all the allegations of the…
1Opinion of the CourtKellam, P. J.
The respondent was and is the owner of a parcel of ground in the city of Watertown, S. D., upon which was and is situated a ‘ ‘two-story business building with solid brick walls, and basement with solid stone walls. ” During the same time appellant was the owner of the ground adjoining respondent’s on the west. .
In the summer of 1887, preparatory to the erection and construction of a building by appellant on its said land, an excavation was made thereon for cellar and foundation walls. It is claimed by respondent that such excavation was done by appellant wrongfully and negligently, and…
2Cases cited10 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Boyce v. California Stage Co.California Supreme Court · 1864
- Dorrity v. . RappNew York Court of Appeals · 1878
- Charless v. RankinSupreme Court of Missouri · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ward v. LaCreek Electric AssociationSouth Dakota Supreme Court · 1968
- Casassa v. City of SeattleWashington Supreme Court · 1913
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
- Long v. CollinsSouth Dakota Supreme Court · 1900
- Grady v. FelkerSouth Dakota Supreme Court · 1971
15 more not listed; retrieve them via the Exa API.