Carrig v. Andrews

This appeal presents a new question in the law of lateral support, in that the excavation on the defendant’s land was made by the force of wind and water generated by an unprecedented hurricane, and not by the hand of man. The parties to the action are owners of adjoining premises fronting on Long Island Sound at Short Beach. During the unforgetable hurricane of 1938 the tidewaters washed out a sizable portion of the defendant’s seawall and the land back of it, close to but not immediately at the plaintiff’s boundary line. There was left a three foot strip of wall and soil, which continued to…