Gildersleeve v. Hammond
Michigan Supreme Court
Error to Calhoun; Smith, J. Case by Mary I. Gildersleeve against Julia Hammond and another to recover damages for the undermining of a building. From a judgment for plaintiff, defendants bring error. Plaintiff and defendants were the owners of adjoining lots in Battle Creek, situated in the business part of the city.
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Error to Calhoun; Smith, J. Case by Mary I. Gildersleeve against Julia Hammond and another to recover damages for the undermining of a building. From a judgment for plaintiff, defendants bring error. Plaintiff and defendants were the owners of adjoining lots in Battle Creek, situated in the business part of the city. Plaintiff had, several years ago, erected a building upon her lot, the lower part of which was occupied as a store by a tenant, and the upper portion by other tenants. Plaintiff had no cellar underneath her building, and it stood upon a stone wall sunk into the earth to a depth…
1Opinion of the CourtGrant, J.
{after stating the facts). The precise questions involved appear not to have been decided by this court. The questions are:
1. What rights does a landowner possess, in excavating close to his neighbor’s line?
2. What duty does he owe to his .neighbor, and what means, if any, must he take to protect the soil of his neighbor and prevent it from caving in?
3. Under what circumstances, if any, is such landowner responsible for damages to the superstructure erected on his neighbor’s lot?
The defendants’ positions are thus summarized:(1) Plaintiff’s building was in a business part of the city. She was…
2Cases cited12 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Richter v. HarperMichigan Supreme Court · 1893
- Lasala v. HolbrookNew York Court of Chancery · 1833
- City of Quincy v. JonesIllinois Supreme Court · 1875
- Dorrity v. . RappNew York Court of Appeals · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1934
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Bator v. Ford Motor Co.Michigan Supreme Court · 1934
- Bissell v. FordMichigan Supreme Court · 1913
- Truscott v. PetersonNorth Dakota Supreme Court · 1951
14 more not listed; retrieve them via the Exa API.