Stewart v. Smith

The parties to this action are owners of adjoining lots in the city of Aberdeen. The plaintiffs seek to recover damages for an alleged undermining of lateral support, claiming that the defendant, her deceased husband, or their predecessors in interest, had by excavation created an earth bank between the two lots, and that this bank had not been properly retained, with the result that earth from the plaintiffs’ land had slipped or sloughed off during the period immediately prior to the commencement of this action.

On the basis of conflicting evidence, the trial judge entered findings to the…