Legal Opinion

Schultz v. Byers

Supreme Court of New Jersey

Decided March 15, 1891PublishedCited by 13 opinions

On error to the Hudson County Circuit Court. The plaintiffs, Helena Schultz and Valentine Schultz, were the owners of a lot of land in Bayonne, Hudson county, upon which there was a building erected on brick piers set from three feet to three feet and a half in the ground. The defendant, who owned the adjoining land, excavated to the depth of seven feet within three or four inches of the plaintiffs' building, and erected a house thereon.

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On error to the Hudson County Circuit Court. The plaintiffs, Helena Schultz and Valentine Schultz, were the owners of a lot of land in Bayonne, Hudson county, upon which there was a building erected on brick piers set from three feet to three feet and a half in the ground. The defendant, who owned the adjoining land, excavated to the depth of seven feet within three or four inches of the plaintiffs' building, and erected a house thereon. The excavation by the defendant, within the line of his own land, caused the building of the plaintiffs to sink, and it was weakened, cracked and injured.…

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J.

The declaration is framed on the idea that the plaintiffs' land, dwelling house and building were entitled to support by the adjacent land of the defendant, and that by wrongfully digging away and removing such support the damage complained of was caused, whereby a right of action-accrued. A demurrer was filed to this declaration, but it appears to have been waived, and the cause was tried on ai plea of the general issue, and proofs. With this form of pleading, leaving the declaration unaltered, there is difficulty-in holding the case in…

2Cases cited3 opinions

  1. Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
  2. Lasala v. HolbrookNew York Court of Chancery · 1833
  3. Shafer v. WilsonCourt of Appeals of Maryland · 1876

3Cited by13 opinions

  1. Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
  2. Mullan v. HackerCourt of Appeals of Maryland · 1946
  3. Pohlman v. Chicago, Milwaukee & St. Paul Co.Supreme Court of Iowa · 1906
  4. Malmstad v. McHenry Telephone Co.North Dakota Supreme Court · 1914
  5. Great Northern Ins. Co. v. LeontarakisNew Jersey Superior Court Appellate Division · 2006

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