Clemens v. Speed
Court of Appeals of Kentucky
Case 45 — PETITION OEDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. The owner of land adjacent to the lands of another has no right to remove the earth and thus.withdraw the natural support of his neighbor’s soil; . and if he does, lie is liable for damages.
Read the full summary
Case 45 — PETITION OEDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. The owner of land adjacent to the lands of another has no right to remove the earth and thus.withdraw the natural support of his neighbor’s soil; . and if he does, lie is liable for damages. (Oneil v. Harkins, 8 Bush, 651; Washburne’s Basements and Servitudes, pp. 536, 539, 541, 549, 554, 555.) The lateral support which A can claim for his soil from the soil of B, who adjoins him, is limited to cases in -which the soil of the complaining party has not been burdened by the additional weight of buildings. And the duty of…
1Opinion of the Court
CHIEE JUSTICE H.OLT
delivered the opinion oe the court.
The appellant, Clemens, and the appellee, Fanny Speed, owned adjacent store-honses on Fifth street, in the city of Louisville, with a common or party-wall between them. The lots formerly belonged to William Croghan, and the houses were erected some sixty years ago. There is some evidence tending to sIloav that the Clemens house was built first, but Ave Avill assume it to be true, as the appellant contends, that Croghan erected a double house with continuous front and rear Avails and a common wall between, and then disposed of it, one party…
2Cases cited1 opinion
- Henry v. KochCourt of Appeals of Kentucky · 1882
3Cited by5 opinions
- Carroll Blake Const. Co. v. BoyleTennessee Supreme Court · 1918
- Williamson Investment Co. v. WilliamsonWashington Supreme Court · 1917
- Bright v. Bacon & SonsCourt of Appeals of Kentucky · 1909
- D'Onofrio v. Central Savings BankNew York Supreme Court · 1941
- Gorman v. TPA Corp.Court of Appeals of Kentucky · 1967