McCoy v. Emrich

This is an action for damages for removal of lateral support. The evidence showed that the defendant owned land adjoining land belonging to the plaintiff (Lot 23, Block F, Mercerwood Division No. 3, Mercer Island, Washington). The defendant, in order to construct a street or alley on his adjoining land, made a cut and excavation, removing quantities of earth and changing the land adjoining the eastern end of plaintiff’s lot from its natural condition of a gradual slope, to a bank having an angle of repose of approximately 45 degrees and ranging in height from 5 to 8% feet. At the time of the…