Ludlow v. Hudson River Railroad
New York Supreme Court
Appeal from judgment entered upon dismissal of complaint at Columbia County Circuit in October, 1870. The action was brought in March, 1866, to recover damages occasioned to the land of the plaintiff, by reason of its sliding down and caving in, on account of the excavation and removal of earth by the defendant.
Read the full summary
Appeal from judgment entered upon dismissal of complaint at Columbia County Circuit in October, 1870. The action was brought in March, 1866, to recover damages occasioned to the land of the plaintiff, by reason of its sliding down and caving in, on account of the excavation and removal of earth by the defendant. For a long time prior to the construction of the defend ant’s railroad the plaintiff was the owner of a farm of about 190 acres, situated on the east bank of the Hudson river, in the town of Germantown; and ever since then had owned and occupied it. The portion of the farm lying on…
1Opinion of the Court
By the Court—Miller, P. J.
The deed from the plaintiff and her husband to the defendant, conveyed the land therein described, including a “ piece for materials ” in fee, and the premises thus conveyed were to be used for the purposes of the railroad, as provided in the habendum clause, with no special provision as to the removal of the soil.
As a general rule, each of the owners of adjoining lands *131is entitled to the natural support to his land of the adjoining land, and neither has the right to withdraw this natural support of the soil. If one of the owners excavates and removes the soil, and…
2Cases cited6 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Farrand v. MarshallNew York Supreme Court · 1853
- Brown v. HarmonNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Riley v. Continuous Rail Joint Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
- Kansas City Northwestern Railroad v. SchwakeSupreme Court of Kansas · 1904
- Klausmeyer v. Makaha Valley Farms, Ltd.Hawaii Supreme Court · 1956
- Rector v. City of New York & Frederick L. Cranford, Inc.New York Supreme Court · 1929
- Seaboard Air-Line Railway v. McMurrainSupreme Court of Georgia · 1909
3 more not listed; retrieve them via the Exa API.