Witherow v. Tannehill
Supreme Court of Pennsylvania
Appeal, No. 9, Oct. T., 1899, by defendants, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1896, No. 286, on verdict for plaintiff. Trespass for injuries to land. Tbe facts are sufficiently stated in tbe opinion of tbe Supreme Court. The court refused to give binding instructions for defendants. Verdict and judgment for plaintiff for $2,187. Defendants appealed. Error assigned was in submitting the case to tbe jury.
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Appeal, No. 9, Oct. T., 1899, by defendants, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1896, No. 286, on verdict for plaintiff. Trespass for injuries to land. Tbe facts are sufficiently stated in tbe opinion of tbe Supreme Court. The court refused to give binding instructions for defendants. Verdict and judgment for plaintiff for $2,187. Defendants appealed. Error assigned was in submitting the case to tbe jury. The rule that an owner is entitled to lateral support for his ground extends only to the support for the ground in its natural state, and does not include such support for…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The defendants, in order to secure a suitable foundation fov a large hotel building, caused the lot on which it was to be erected to be excavated to the depth of thirty feet. The plaintiff’s house was twenty feet from the edge of the excavation, and separated from it by a lot, which at the beginning of the work was owned by a third party. The walls of the house erected on this mtervening lot settled and cracked after the excavation began. The house and lot were then purchased by the owner of the hotel lot, the building was torn down and removed, and the work of…
2Cited by6 opinions
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- Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922
- Lugin v. DobsonSupreme Court of Pennsylvania · 1954
- Diksajtsz v. BroszSuperior Court of Pennsylvania · 1931
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