Hemsworth v. Cushing
Michigan Supreme Court
Error to superior court of Grand Rapids; Burlingame, J. Case by Annabelle Hemsworth against Nathan A. Cushing to recover damages for removing the lateral support to plaintiff’s land. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtMoore, J.
Plaintiff recovered a judgment against defendant, from which judgment defendant appeals. The parties are owners of adjacent lots, both of which were several feet-higher than the street. Defendant-removed the earth upon his lot so that a portion of the lot was upon a level with the street. It was the claim of the plaintiff that, as the result of his action, the soil from her lot was caused to slide, carrying with it her lawn, shrubbery, and flowers, and causing her house, which was 14 or 15 feet from the division line, to settle. The plaintiff was allowed to give evidence of injury to the…
2Cases cited1 opinion
- Gildersleeve v. HammondMichigan Supreme Court · 1896
3Cited by3 opinions
- Horowitz v. BlayMichigan Supreme Court · 1916
- Covell v. Sioux CitySupreme Court of Iowa · 1938
- Aristos v. Detroit & Canada Tunnel Co.Michigan Supreme Court · 1932