Lyons v. Walsh
Supreme Court of Connecticut
Suit for a mandatory injunction requiring the defendant to repair and rebuild a stone wall supporting her land adjoining and above that of the plaintiff, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the defendant upon her counterclaim, and appeal by the plaintiff. The parties own adjoining city house lots on a street in Norwich running north and south.
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Suit for a mandatory injunction requiring the defendant to repair and rebuild a stone wall supporting her land adjoining and above that of the plaintiff, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the defendant upon her counterclaim, and appeal by the plaintiff. The parties own adjoining city house lots on a street in Norwich running north and south. Both lots were originally in one tract, and in its natural condition the land sloped unbrokenly and at a steep pitch from the north. Long before either of the present…
1Opinion of the CourtCase, J.
When a former owner of the Lyons’ land first disturbed its surface, he did so at the peril of answering in damages if his act should destroy the lateral support whi.ch was his neighbor’s by natural right. The law as to that situation is universally settled. “The right of an owner of land to the support of the land adjoining is jure natures, 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.” Gilmore v. Driscoll, 122 Mass. 199, 201; Trowbridge v. True, 52 Conn. 190; Ceffarelli v.…
2Cases cited4 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
- Ward v. IvesSupreme Court of Connecticut · 1916
- Ceffarelli v. LandinoSupreme Court of Connecticut · 1909
3Cited by13 opinions
- Johnson v. KillianSupreme Court of Florida · 1946
- Herbert v. SmythSupreme Court of Connecticut · 1967
- Shaw v. Tampa Elec. Co.District Court of Appeal of Florida · 2007
- Gorton v. SchofieldMassachusetts Supreme Judicial Court · 1942
- Schwartz v. HolycrossIndiana Court of Appeals · 1925
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