Walters v. Hamilton
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) At common law, the owner of land has the right to lateral support of the soil only. He has no natural easement for the support of his building upon the land of his neighbor. Charless v. Rankin, 22 Mo/ 566; Mining Co. v. Mining Co., 50 Mo. App. 525; Larson v. R’y, 110 Mo. 234; Obert v. Dunn, 41 8. W. Rep. 901; Eads v. Gaines, 58 Mo. App. 586; Handlan v. McManus, 42 Mo. App. 551; Ward v. Andrews, 3 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) At common law, the owner of land has the right to lateral support of the soil only. He has no natural easement for the support of his building upon the land of his neighbor. Charless v. Rankin, 22 Mo/ 566; Mining Co. v. Mining Co., 50 Mo. App. 525; Larson v. R’y, 110 Mo. 234; Obert v. Dunn, 41 8. W. Rep. 901; Eads v. Gaines, 58 Mo. App. 586; Handlan v. McManus, 42 Mo. App. 551; Ward v. Andrews, 3 Mo. App. 275. (2) It is the duty of the owner of land whereon buildings are located upon notice of an intended excavation on…
1Opinion of the Court
Smith, P. J. —
This is an action to recover damages to plaintiff’s dwelling house caused by an excavation made by defendant for the foundation of a building on' the ground of an adjoining lot owner. There was a trial resulting in judgment for plaintiff, and defendant appealed. The errors assigned relate to the action of *242the trial court in the giving and refusing of instructions.
Instruction. The defendant objects that the plaintiff’s first instruction, which declared that though a person has the right to remove or excavate the soil from his own property so as to deprive his neighbor’s . « , . n…
2Cases cited11 opinions
- Charless v. RankinSupreme Court of Missouri · 1856
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Otis v. Mechanics' BankSupreme Court of Missouri · 1864
- Eads v. GainsMissouri Court of Appeals · 1894
- Kern v. PfaffMissouri Court of Appeals · 1891
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3Cited by7 opinions
- Bader v. Mills & Baker Co.Wyoming Supreme Court · 1921
- Gerst v. City of St. LouisSupreme Court of Missouri · 1904
- Knoche v. PrattMissouri Court of Appeals · 1916
- Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Warfel v. VondersmithSupreme Court of Pennsylvania · 1954
2 more not listed; retrieve them via the Exa API.