Platts v. Sacramento Northern Railway

Opinion

LOW, P. J.

A former owner of an underground tunnel easement who removed subjacent support from the surface land may be liable for property damage to the surface owner even after the owner transfers the property. Plaintiff, however, has failed to produce any declarations or facts to refute defendant Sacramento Northern Railway’s showing that it did not remove any subjacent support. We affirm the summary judgment.

Robert G. Platts sued defendant Sacramento Northern Railway (Northern) and the State of California for the destruction of his house allegedly caused when an abandoned railroad…