Davis v. Summerfield.
Supreme Court of North Carolina
Action by B. Davis against M. & C. Summerfield, heal’d by Judge Walter II. Neal and a jury, at March Terr , 1902, of the Superior Court of Durham County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
This is an action for damages caused by depriving the soil under plaintiffs wall of its lateral support, by negligence of the defendant while excavating for a new building on an adjoining lot. The right to lateral support has been before this Court in Hammond v. Schiff, 100 N. C., 161, and the whole subject is discussed in the very full and elaborate notes to Larson v. Railroad, 110 Mo., 234; 33 Am. St. Rep., 446—447; 16 L. R. A., 330. Another full consideration may be found in Jones on Easements, sects. 585—631. There was evidence that the defendant made his excavation two feet deeper than…
2Cases cited2 opinions
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Hammond v. SchiffSupreme Court of North Carolina · 1888
3Cited by12 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
- Broadhurst v. . Blythe Brothers Co.Supreme Court of North Carolina · 1941
- Hammond v. . SchiffSupreme Court of North Carolina · 1888
- Waters v. BieseckerSupreme Court of North Carolina · 1983
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