Charless v. Rankin
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. This was an action to recover damages for injuries alleged by plaintiff, Joseph Charless, in his petition to have been sustained by him in consequence of the “negligent, unskillful and improper manner” in which defendant, David Rankin, made certain excavations upon a lot adjoining that of plaintiff, which, by undermining the foundations of plaintiff’s building, caused the walls thereof to fall.
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Jlppeal from St. Louis Circuit Court. This was an action to recover damages for injuries alleged by plaintiff, Joseph Charless, in his petition to have been sustained by him in consequence of the “negligent, unskillful and improper manner” in which defendant, David Rankin, made certain excavations upon a lot adjoining that of plaintiff, which, by undermining the foundations of plaintiff’s building, caused the walls thereof to fall. The defence set up was substantially a denial of the negligence alleged in the petition. It is deemed wholly unnecessary to set forth the evidence bearing upon the…
1Opinion of the CourtLeonard, Judge
The right to support from the adjoining soil may be claimed either for the land in its natural state, or for it subjected to an artificial pressure by means of building or otherwise.’ The *571right in the former ease would seem to he a natural servitude or easement belonging to contiguous lots, and accordingly it was recognized and protected in the Roman law by specified regulations, and similar provisions have been introduced into the civil code of France. (Code Civil, art. 614.) We are not aware of any express common law decision upon this subject; but we find it said of old, in Rolle’s Abr.…
2Cited by34 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Royal Indemnity Company v. SchneiderMissouri Court of Appeals · 1972
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
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