Williams v. Missouri Furnace Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. Plaintiff alleged no trespass upon his lot. His action is solely for damages for removal of lateral support. He had no right of support for his buildings, or the pressure thereof. He claimed no easement.
Read the full summary
Appeal from the St. Louis Circuit Court, Horner, J. Plaintiff alleged no trespass upon his lot. His action is solely for damages for removal of lateral support. He had no right of support for his buildings, or the pressure thereof. He claimed no easement. His buildings, having been erected within ten years before his supposed right of action accrued, he was not entitled to any easement of support therefor. — Charless v. Rankin, 22 Mo. 566; Bushy v. Holthaus, 46 Mo. 161; Gillmore v. Driscoll, 122 Mass. 199. The measure of plaintiff’s damages was the value of the earth which fell away from the…
1Opinion of the CourtThompson, J.
The plaintiff and defendant were adjoining proprietors of real estate. The defendant, in excavating on its own lot for sand, dug so near the plaintiff’s lot as to deprive the ground of its natural lateral support, and some of it fell into the excavation. For this the plaintiff brought this action, and had a verdict and judgment for $600. The questions which we are invited to consider relate to the measure of damages.
1. Under this head the following instruction is complained of: “ The court instructs the jury, that if they find for the plaintiff they will award him such damages as they may…
2Cases cited21 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- March v. WalkerTexas Supreme Court · 1877
- Finney v. BerrySupreme Court of Missouri · 1875
- Gilbert v. KennedyMichigan Supreme Court · 1871
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jones v. City of SeattleWashington Supreme Court · 1901
- Gatson v. Farber Fire Brick Co.Missouri Court of Appeals · 1926