Beard v. Murphy
Supreme Court of Vermont
Action on the case for damages alleged to have been caused to tbe plaintiff by an excavation made by tbe defendant upon bis land, lying adjacent to that of tbe plaintiff, and for other damages. Plea, tbe general issue. Trial by jury, January Term, 1863, Peck, J., presiding. Tbe plaintiff and defendant were adjoining land owners.
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Action on the case for damages alleged to have been caused to tbe plaintiff by an excavation made by tbe defendant upon bis land, lying adjacent to that of tbe plaintiff, and for other damages. Plea, tbe general issue. Trial by jury, January Term, 1863, Peck, J., presiding. Tbe plaintiff and defendant were adjoining land owners. A few years previous to tbo grievance complained of tbe plaintiff or bis grantors erected some buildings on his lot, tbe underpinning wall of which, on one side, was built on tbe division line, sunk some two or three fee.t below tbe surface, and built about as far…
1Opinion of the Court
Poland, Ch. J.
It is now well settled that the owner of land is entitled to have it supported and protected in its natural condition, by the land of his adjoining proprietor,, and that if such adjoining owner remove such natural support, whereby the soil of the former is disturbed, or falls away, he is legally liable for all damage so oeca' *102sioned. And we are not prepared to say but that the plaintiff’s counsel are quite right in saying that his liability in such case cannot be made to depend upon his mode of doing the act, or whether he acted prudently or negligently, in reference to what…
2Cases cited1 opinion
- Richardson v. Vermont Central RailroadSupreme Court of Vermont · 1853
3Cited by14 opinions
- Taylor v. FickasIndiana Supreme Court · 1878
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Norfolk & Western R. v. CarterSupreme Court of Virginia · 1895
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Prete v. CraySupreme Court of Rhode Island · 1928
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