Gilmore v. Driscoll
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s land by the excavation of adjoining land by the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts as follows: “ The plaintiff was owner of a parcel of land in a populous portion of that part of Boston, lately Roxbury, as described in her writ, bounded on the southwesterly side by the land of one Webb.
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Tort for injuries to the plaintiff’s land by the excavation of adjoining land by the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts as follows: “ The plaintiff was owner of a parcel of land in a populous portion of that part of Boston, lately Roxbury, as described in her writ, bounded on the southwesterly side by the land of one Webb. On this land of the plaintiff, but immediately adjoining the division line, was a fence, and near to it a few currant bushes and certain modern structures.…
1Opinion of the CourtGray, C. J.
The right of an owner of land to the support of the land adjoining is jure naturae, like the right in a flowing stream. Every owner of land is entitled, as against his neighbor, to have the earth stand and the water flow in its natural condition. In the case of running water, the owner of each estate by which it flows has only the right to the use of the water for reasonable purposes, qualified by a like right in every other owner of land above or below him on'the same stream. But in the case of land, which is fixed in its place, each owner has the absolute right to have his land remain in…
2Cases cited11 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Brown v. City of SeattleWashington Supreme Court · 1892
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Stearns v. City of RichmondSupreme Court of Virginia · 1892
81 more not listed; retrieve them via the Exa API.