Larson v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Turnee A. Gtill, Judge. Action for damages alleged to have occurred by the negligent removal of lateral support to plaintiff’s-building, in consequence of which the latter fell. The trial court instructed the jury that plaintiff could not recover, upon which he took a nonsuit with leave, etc. The plaintiff appealed in due form. The other facts appear in the opinion.
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Appeal from Jackson Circuit Court. — Hon. Turnee A. Gtill, Judge. Action for damages alleged to have occurred by the negligent removal of lateral support to plaintiff’s-building, in consequence of which the latter fell. The trial court instructed the jury that plaintiff could not recover, upon which he took a nonsuit with leave, etc. The plaintiff appealed in due form. The other facts appear in the opinion. (1) A proprietor who makes excavations in his own land, near the premises of his neighbor, in a careless and negligent manner, is liable in damages for injuries to the building of the…
1Opinion of the CourtBarclay, J.
Plaintiff’s case is for damages occasioned by the fall of a building, occupied by him as .lessee of the Aekerson estate, in Kansas City, Missouri.
The gist of his petition is that ‘ ‘ the defendant wrongfully, carelessly and negligently dug out and carried away the soil, immediately adjoining, and under the west wall of, said building, by means of which * * * the said west wall was made to fall, * * * thereby ■destroying and damaging the property of plaintiff therein contained * * * to the extent of $3,000'.”
The answer is a general denial.
The circuit court forced plaintiff to a nonsuit by…
2Cases cited5 opinions
- Beauchamp v. Saginaw Mining Co.Michigan Supreme Court · 1883
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Charless v. RankinSupreme Court of Missouri · 1856
- Austin v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Schultz v. ByersSupreme Court of New Jersey · 1891
3Cited by33 opinions
- Wallace v. Southern Cotton Oil Co.Texas Supreme Court · 1897
- King v. GallowayTexas Commission of Appeals · 1926
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
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