Stimmel v. Brown
Superior Court of Delaware
Action on the Case for injury to real estate by removing the lateral support to a house upon it. The circumstances upon which the action is based is as follows : The plaintiff is the owner of a lot and house at No. 820 Jefferson Street in the city of Wilmington, the latter being built on natural ground elevated about five feet above the street grade.
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Action on the Case for injury to real estate by removing the lateral support to a house upon it. The circumstances upon which the action is based is as follows : The plaintiff is the owner of a lot and house at No. 820 Jefferson Street in the city of Wilmington, the latter being built on natural ground elevated about five feet above the street grade. The defendant, who is the owner of a lot adjoining on the north, had dug an excavation on his ground during the month of November, 1882, causing the fence and a three feet wide alley connected with the plaintiff’s property to cave in and allowing…
1Opinion of the Court
The Court, Comegys, C. J.,
charged the jury:
It would be reasonable to suppose that the question, raised in this case, had been, before, made in the courts of this State; but there is no evidence to support such supposition, and therefore it is to be treated as a new one for decision. What are the rights? duties and liabilities of adjoining owners of real estate, with respect to each other, in matters concerning the use and enjoyment of such estate ? That is such question. The plaintiff and defendant are, respectively, owners of lots of ground in the city of Wilmington on Jefferson street,…
2Cited by7 opinions
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- Orr v. Dayton & Muncie Traction Co.Indiana Supreme Court · 1911
- Wilmington City Railway Co. v. WhiteSupreme Court of Delaware · 1907
- Wigglesworth v. BrodskySuperior Court of Delaware · 1920
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